SABITA DEY Vs. ANIL SINGH

JUDGEMENT

(1.) The present C.M.P has been filed for quashing the judgment dtd. 17/2/2020 (Annexure-6 to the C.M.P) passed by the Principal District Judge, East Singhbhum at Jamshedpur in Civil Misc. Appeal No. 01 of 2020 whereby the appeal preferred by the petitioner has been dismissed and the order dtd. 22/11/2019 passed by the Civil Judge (Sr. Div.)-I, East Singhbhum at Jamshedpur in Civil Misc. Case No. 17/2019 rejecting the application filed under Order IX Rule 13 of C.P.C. for setting aside an ex-parte judgment and decree dtd. 12/4/1999 passed by the Sub-Judge-I, Jamshedpur in Title Suit No. 35 of 1996, has been affirmed. Further prayer has been made for quashing the order dtd. 22/11/2019 (Annexure-4 to the C.M.P) passed by the Civil Judge (Sr. Div.)- I, East Singhbhum at Jamshedpur in Civil Misc. Case No. 17 of 2019 whereby the application filed by the petitioner under Order IX Rule 13 of the C.P.C for setting aside an ex-parte judgment and decree dtd. 12/4/1999 in the said title suit has been dismissed.

(2.) The factual background of the case, as stated in the C.M.P, is that the petitioner's father, namely, Jogendra Mohan Ghosh was the sub-lessee/owner of a piece of land admeasuring 0.295 Acre, situated at Holding No. 158, Sakchi New Planning Area, Dhalbhum Road, Aam Bagan, Sakchi, P.O and P.S-Sakchi, Town-Jamshedpur, District-East Singhbhum (hereinafter referred to as "the said property"). The petitioner's father died on 14/2/1965 leaving behind two sons, namely, Nimai Ghosh and Late Nitai Pada Ghosh as well as four daughters, namely, Late Amita Ghosh @ Amita Chowdhury, Namita Ghosh, Sabita Ghosh @ Sabita Dey (the petitioner) and Late Gita Dutta @ Gita Ghosh as his legal heirs and successors. After death of Jogendra Mohan Ghosh, the said property devolved upon the petitioner and other legal heirs. The petitioner being one of the daughters of Late Jogendra Mohan Ghosh and the co-owner, is in peaceful possession of a portion of the said property by constructing triple storied Pucca building over the same and has inducted various tenants from time to time in the same.

(3.) The respondent No.1 had filed Title Suit No. 35/1996 against the petitioner and other defendants seeking inter alia a decree directing the principal defendant i.e. defendant No.1 (Nimai Ghosh) to execute and register a sale deed in his favour in respect of the suit land i.e. 60"x30" = 1800 sq. ft. on accepting the balance amount of Rs.50,000.00 against total sale consideration of Rs.6,00,000.00. The said suit was decreed ex-parte against the petitioner vide judgment dtd. 12/4/1999 and decree dtd. 1/5/1999 passed by the Sub- Judge-I, Jamshedpur. The petitioner came to know about filling of Title Suit No. 35/1996 and Execution Case No. 15 of 1999 on 28/4/2019 only when Nazir along with the staff of Nazarat Civil Court came to the said land and started evicting the tenants of the petitioner, who were in occupation of a portion of the ground floor and locked the same. Having come to know the said fact, the petitioner filed an application under Order IX Rule 13 read with Sec. 151 of the CPC on 21/5/2019 before the Court of the Civil Judge (Sr. Div.)-I, Jamshedpur which was registered as Civil Misc. Case No. 17 of 2019, however, the same was dismissed vide order dtd. 22/11/2019. Aggrieved with the said order, the petitioner preferred an appeal being Civil Misc. Appeal No. 1 of 2020 before the Court of the learned Principal District Judge, East Singhbhum at Jamshedpur, which was also dismissed on 17/2/2020. Hence, the present C.M.P.