GITA DEVI MITTAL AND ORS. Vs. RAMDULAL KUNDU AND ORS.
LAWS(CAL)-2015-7-118
HIGH COURT OF CALCUTTA
Decided on July 09,2015

Gita Devi Mittal And Ors. Appellant
VERSUS
Ramdulal Kundu And Ors. Respondents

JUDGEMENT

- (1.) This revisional application is directed against the order dated 26.11.2013 passed by the learned Civil Judge (Junior Division) 1st Court, Bankura connection with Title Suit No. 119/2010 on the grounds inter alia that the learned Court below acted illegally with material irregularity whereas the learned Court below tried to place facts about the previous civil case over the suit property and induction of the defendants/opposite parties as licensees therein and that such amendment will not change the nature and character of the suit.
(2.) Background leading to the instant revision is that the petitioners as plaintiffs filed a suit for eviction of unauthorized occupation from suit premises against the opposite parties which is pending at the stage of preemptory hearing of the suit and the evidence of the parties has not yet been started.
(3.) Plaint case is that the opposite parties were inducted as licensees over the suit property in the month of January, 1990 without any license fee due to good relations between the parties. Petitioners verbally requested the opposite parties to vacate the suit property as the petitioners reasonably required the suit property by revoking the license on 6.9.2010 but the opposite parties paid no heed to the request of the plaintiffs/petitioners rather tried to make construction over the suit property denying right, title and interest of the plaintiffs over the suit property. Hence, plaintiffs filed the suit for eviction of the opposite parties/defendants who were contesting the suit by filing written statement.;


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