HARISH TANDON,J. - (1.) This revisional application is directed against Order No. 8 dated 22nd December 2008 passed by the Civil Judge, (Junior Division), 1st Court, Sealdah, in Title Suit No. 135 of 2007 by which an application under Order 39 Rule 7 of the Code of Civil Procedure was rejected.
(2.) The plaintiffs/petitioners filed a suit for declaration of their tenancy right in respect of the scheduled property as well as confirmation for possession and restraining the defendants/opposite parties from demolishing the suit premises. It is asserted in the plaint that the plaintiffs/petitioners are tenants in respect of their respective occupation and the defendants/opposite parties are banking upon to dispossess the plaintiffs/petitioners from the suit property and also contemplating to demolish the structure.
(3.) In the written statement, filed by the opposite party nos. 1 and 2, it is denied that the plaintiffs/petitioners are tenants in respect of the scheduled property but it has been categorically asserted in paragraph 9 of the written statement that they are in wrongful possession of the suit premises.;