D. Datta, J. - (1.) A deed of lease was executed on September 30, 1994, valid for 99 years, in pursuance whereof the opposite party No. 1 was granted lease in respect of a property, measuring more or less 1744 sq. ft., at No. 16, Beniapukur Road, Kolkata -700014. It is not in dispute that in due course of time, the leasehold property has been remembered 16/1, Beniapukur Road, Kolkata -700014.
(2.) Title Suit No. 318/2006 was instituted by the opposite party No. 1 (hereafter the Plaintiff) against several Defendants, including the Petitioner herein, before the learned Civil Judge (Junior Division), 2nd Court at Sealdah praying for declaration and injunction. The plaint refers to 'A', 'B' and 'C' schedule properties. Declaration was sought for to the effect that 'A' and 'B' schedule properties have been granted on lease to the Plaintiff and the Defendants have no authority to disturb the Plaintiff's peaceful possession and enjoyment thereof in any manner whatsoever. Based on the allegation in the plaint that the Defendants were raising construction on 'C' schedule property encroaching a portion of 'B' schedule property, mandatory injunction was prayed for to restrain the Defendants from raising construction on 'C' schedule property until and unless encroached portion of 'B' schedule property is excluded or released from the building plan, illegally obtained.
(3.) For better appreciation of the issue involved in this application schedule 'B' and 'C' properties, referred to above, are set out herein below: Schedule 'B' all that land measuring about 43' x 12' to the east of the 'A' schedule property detached from the building together with an area of 6'8" x 5'5" to the North East at 16/1, Beniapukur Road, being the part and parcel of 'A' schedule property with the underground water reservoir, water line, sewarage, drainage, telephone and electricity of the premises No. 16/1, Beniapukur Road, P.S. Beniapukur, Kolkata -700014. The whole are more or less 368 sq.ft. Schedule 'C' All that land measuring 6742.623 sq.ft. a little more or less together with building under construction at premises No. 16 , Beniapukur Road, P.S. Beniapukur Kolkata -700014, District 24 - Parganas (South).;