- (1.) This application is at the instance of the plaintiffs and is directed against the judgment and decree dated January 12, 2011 passed by the learned Additional Civil Judge (Junior Division), Sealdah in Ejectment Case No.426 of 2004 thereby dismissing the case on contest.
(2.) The short fact is that the plaintiffs instituted a case being Ejectment Case No.426 of 2004 against the opposite party praying for a decree for recovery khas possession and other reliefs in respect of the premises in case before the learned Civil Judge (Junior Division), Sealdah. The defendant / opposite party herein is contesting the said case by taking his defence stand and controverting the material allegations raised in the case. Upon recording evidence on behalf of both the sides, the learned Trial Judge dismissed the said ejectment case with costs on contest. Being aggrieved, this application has been preferred.
(3.) Upon hearing the learned advocates of both the sides and on perusal of the materials on record, I find that the learned Trial Judge framed as many as six issues and out of them the first issue is as to the maintainability of the case. He has decided this issue against the plaintiffs. He has also decided the other issues.;