Decided on July 26,1996

Moynul Haque Alias Moynul Haque Chowdhury Appellant
The State Of West Bengal Respondents


S.B. Sinha, J. - (1.)This appeal is directed against a judgment and order dated July 9, 1996 passed by a learned Single judgment of this Court whereby and whereunder the said learned Judge dismissed the writ application filed by the Appellant.
(2.)Although the writ application involves a complicated question of fact and title, in view of the fact that a short questions of law arise for consideration, only the relevant fact may be noticed.
(3.)The plot in question is plot No. 278 pertaining to Khatian No. 132, Sheet No. 60 of Mouza Garden Reach. Allegedly, Bengal Bus Syndicate as far back as in the year 1937 -38 took tenancy of the said land from Monsur Ali Laskar and others and after vesting of the estate, became a direct tenant under the State of West Bengal and was recorded as 'Dakhalikar'. In the remarks column of the Parcha, allegedly the place was mentioned as a place for bus stand. According to the Respondents, the said Bengal Bus Syndicate/Route Committee of route Nos. 12, 12A and 12B had allegedly surrendered their tenancy, in favour of two groups who claimed themselves to be the heirs of the recorded tenant being Haider Group and Laskar Group. Admittedly, two suits being Title Suit No. 230 of 1979 and Title Suit No. 274 of 1979 were instituted by the predecessors -in -interest of the Respondents against the aforementioned Bengal Bus Syndicate which were dismissed for default and two application for restoration were also dismissed for default. According to the writ -Petitioner -Appellant, he got possession over the aforementioned plot No. 278 by reason of an agreement for sale entered into by and between him and the authorised agent of the said Bengal Bus Syndicate and a sum of Rs. 35,000 out of a total consideration of Rs. 40,000 had been paid and Allegedly, he had also been put in possession of the said land in terms of Sec. 53A of the Transfer of Property Act. The Appellant thereafter filed a suit for specific performance of contract and injunction in the Court of the Third Court of Assistant District Judge, Alipore on January 12, 1993, wherein an order of status quo was passed. In the said suit, Laskar Group filed an application for addition of parties -Defendants. The claim of the private Respondents appeared to be that they are the owners plots Nos. 276 and 277 and the said plots having amalgamated with the plot in question namely plot No. 278 by reason of the aforementioned surrender by the Bengal Bus Syndicate. Admittedly, the private Respondents filed an application before the Calcutta Municipal Corporation for sanction of a building plan to which the Appellant sent a representation praying that in view of the fact that he is claiming title over the land. No building plan should be sanctioned. He also prayed for an opportunity of hearing. In the meanwhile, vari8ous writ applications were filed by the parties herein relating to possession of the lands in question. One of the said writ application being C.O. No. 20856 (W) of 1993 is still pending consideration. It appears that the Appellant had also filed a writ application questioning the original sanction of building plan by the Calcutta Municipal Corporation which is also pending decision in this Court. But taking the advantage of the said fact that the said plan was revised, another writ application was filed suppressing the pendency of the said writ application. In the aforementioned writ applications Special Officers were appointed from time to time for the purpose of giving report as regards the possession of the parties and extent of construction allegedly made by the Respondents and on each occasion, possession of the private Respondents were found and it was also reported that they had been raising construction on the lands in question.

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