- (1.) By raising a plea of res judiciata, the petitioner assailed the judgment and order dated July 18, 2011 passed by Additional District Judge, 3rdCourt, Alipore in Misc. Appeal No. 384 of 2007 in this revisional application.
(2.) The facts which emerges from the respective stands of the parties are etymolized hereinbelow: In the plaint of the Title Suit no. 7 of 2007 filed before the Civil Judge, Junior Division, 3rd Additional Court, Alipore, the plaintiffs/opposite parties assets that their predecessor-in-interest namely Naryan Chandra Jana since deceased was the original tenant under one Purnendu Sekhar Basu in respect of one brick walled tin shed room on the ground floor at Premises No. 26/1, Gobinda Bose Lane, P.S.- Kalighat, Kolkata- 700 025 at a monthly rental of Rs. 12/- according to English Calendar. The said deceased paid rent to the said landlord up to the month of November, 1984 and after his demise, the rent was paid by the plaintiffs/opposite parties to the said landlord up to the month of May, 1995, but he did not grant any receipt.
(3.) Subsequently, it is brought to the notice of the plaintiffs/opposite parties that the defendant no.1/petitioner acquired the right, title and interest of the suit premises from the said landlord by dint of purchase. The rent was sought to be tendered to him but he refused to accept the same. It has alleged that on May 16, 2006, the petitioner along with two unknown persons approached the plaintiffs/opposite parties and asked for vacating the suit premises and on refusal, they threatened to forcibly dispossess the plaintiffs/opposite parties therefrom. In the aforesaid backdrop, the plaintiffs/opposite parties prayed for declaration of the tenancy right and permanent injunction restraining the defendant/petitioner from demolishing and/or making any disturbances and/or interference with the peaceful possession and enjoyment in respect of the suit property. An application for injunction was also filed praying for an order of temporary injunction restraining the petitioner from demolishing and/or making any disturbances or interference with the peaceful enjoyment of the opposite parties in respect of the suit property and/or from making any attempts to oust them without due process of law.;