- (1.) Affidavit of service filed be kept with the record. In spite of service none appears on behalf of opposite parties. This revisional application is directed against an order dated 20.3.2007 passed by the learned Additional District Judge, Fast Track Court-I, Alipur in Misc. Appeal No. 291 of 2004.
(2.) The petitioners filed Title Suit being no. 44 of 2004 against the opposite parties praying for a decree for permanent injunction restraining the opposite parties from dispossessing and interfering with the peaceful possession of the petitioners in respect of the suit premises. Petitioners have contended in the plaint that one Bistu Charan Kayal was permitted to cultivate 91 decimals of land as Bargadars. The said Bistu Charan Kayal during his lift time relinquished his Barga right in respect of demarcated 82 decimals out of 91 decimals of land. It is further contended that the petitioners are cultivating the said land after accepting such surrender. It is alleged in the plaint that the opposite parties were creating obstructions to the petitioner in harvesting the paddy and the police authorities, even on several complaints, failed to take any steps in the matter. It is further contended that there is an eminent threat of dispossession of the petitioner at the hands of the opposite parties.
(3.) The petitioner thereafter filed an application for temporary injunction in aid of the relief as claimed in the said suit and prayed for an ad interim order of injunction. By an order dated March 25, 2004 the trial court refused to pass an ad interim order of injunction and issued a notice to show cause. Ultimately the said application for injunction was heard out on affidavits filed by the respective parties and the said application for injunction was dismissed on the ground that a cloud has been casted over the title of the petitioner in respect of the property in question and in view of an embargo created under the West Bengal Land Reforms Act 1955 Civil Court has no jurisdiction and consequently dismissed the said application for injunction on contest.;