- (1.) This application is at the instance of the defendants and is directed against the order dated April 18, 2011 passed by the learned Civil Judge (Senior Division), 8 th Court, Alipore in Title Suit No.44 of 2005 thereby rejecting two applications of the defendants.
(2.) The short fact is the plaintiffs / opposite parties herein instituted a suit being Title Suit No.70 of 1995 against the defendants / petitioners herein for partition, accounts, injunction and other reliefs in respect of the properties mentioned in the schedule of the plaint before the learned Assistant District Judge, 5 th Court, Alipore. The defendants filed a joint written statement controverting the material allegations made in the plaint. They have also contended that the suit properties are Wakf properties and the plaintiffs have no right to claim for partition. They have also contended that the plaintiffs have claimed as thika tenants and so, they filed an application under Sections 21 and 11 of the Thika Tenancy Act, 2001 contending that the learned Court has no jurisdiction to entertain the suit and the Thika Controller is the appropriate authority to decide the same. These two applications have been rejected by the impugned order. Being aggrieved, this application has been preferred.
(3.) Now, the question is whether the impugned order should be sustained.;