- (1.) In this CO 2064 of 2013 challenge is thrown to the judgment dated 30th April, 2013 passed by the Learned Civil Court (Junior Division), Kurseong in Title Suit No. 1 of 2010 by which the ld. Court was pleased to finally consider the suit filed by the present petitioner/plaintiff under Section 6 of the Specific Relief Act.
(2.) The case of the present petitioner/plaintiff in the suit claiming restoration of possession and permanent injunction was as follows:- a) That the petitioner/plaintiff constructed one CI sheet roofed brick wall, road level pucca floor, temporary structure on the road side of the government land (PWD) at Parijat Nagar, Sevoke Bazar, PS Kurseong, District Darjeeling in the year 1984. In the said temporary structure the petitioner/plaintiff started a hotel and restaurant business under the name and style of 'Gautam Hotel'. b) The Petitioner/plaintiff claims to be the proprietor of the said hotel and has obtained trade licence which stands renewed from time to time. He has also obtained electricity connection and pays other levies in respect of the said hotel business. c) The petitioner/plaintiff alleges that his peaceful and uninterrupted possession of the suit premises was disturbed by defendant/opposite party No. 1 (OP1) on 17th August, 2009. According to the petitioner/plaintiff the present OP1/defendant forcibly took away cash from the counter of the hotel and thereafter assaulted the petitioner/plaintiff. As a result of the assault the petitioner/plaintiff was admitted to the nursing home. d) That following the incidents of 17th August, 2009, the suit premises was kept under lock and key by the petitioner/plaintiff. However, on 27th August, 2009 the OP1/defendant illegally and forcibly entered the suit premises and took possession of the same by dispossessing the petitioner/plaintiff. Thereafter the OP1/defendant is running the said hotel without lawful authority.
(3.) Hence the suit.;