SK. BARJAHAN Vs. KHALILUR RAHAMAN MIDDAYA AND ORS.
LAWS(CAL)-1996-1-41
HIGH COURT OF CALCUTTA
Decided on January 30,1996

SK. BARJAHAN Appellant
VERSUS
KHALILUR RAHAMAN MIDDAYA AND ORS. Respondents

JUDGEMENT

Debi Prasad Sircar, J. - (1.)In this revisional application under Sec. 115 of the Civil Procedure Code, the Order No. 261 dated 2.9.1995, passed by the Learned Additional District Judge, 1st Court, Howrah in O.S. No. 17/81 has been challenged.
(2.)The suit is over the points and the wakf property as described in the petition filed by Sk. Barjahan, a third party petitioner. The wakf property was under the management of Mutwali, some persons filed a suit, O.S. No. 17/81, as plaintiffs in the Court of the Learned District Judge, Howrah, for removal of the Mutwali. The case was transferred to the Learned Additional District Judge, 1st Court, Howrah and in the course of proceeding of the suit, the latter Court appointed Receivers one after another for management of the property in place of the Mutwali. He appointed one Sk. Soleman at first, one Badruddoja Molla thereafter, and at present one Abdul Mazid is functioning as the Mutwali.
(3.)The present petitioner Sk. Barjahan is a third party in report the matter involved in the suit. His claim is that he was inducted as a tenant in a portion of the property by Sk. Soleman, the first Receiver and in exercise of his lawful title as tenant, he continued to possess that portion of this suit property. But the present Receiver Abdul Mazid, bore a jaundiced eye against the petitioner Sk. Barjahan. Since taking over charge, the present Receiver was putting the petitioner Barjahan to trouble and tries frantically to compel him to vacate the property in his possession and was putting fencing around Dag Nos. 1508 and 1510 to oust him from possession thereof. Under the instigate of the present Receiver some local people demolished the dwelling house of this third party petitioner and damaged his belongings. The Receiver filed petitions before the Learned Trial Court for permission to institute Civil as well as Criminal Proceedings against Sk. Barjahan, the third party petitioner.
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