SK. ABDUL KASEM @ SK. KASEM ALI Vs. AWA RANI MONDAL & ORS.
LAWS(CAL)-2017-11-190
HIGH COURT OF CALCUTTA
Decided on November 02,2017

Sk. Abdul Kasem @ Sk. Kasem Ali Appellant
VERSUS
Awa Rani Mondal And Ors. Respondents

JUDGEMENT

MIR DARA SHEKO,J. - (1.) Though none appears on behalf of the opposite parties and virtually taking note of the service report as 'unclaimed' in respect of the opposite parties no.1 and 3 and non-receipt of AD card, despite sending of the process upon all the opposite parties, including proforma opposite parties, considering the very nature of the lis in the matter service of notice upon all others is dispensed with and the matter is taken up for consideration and disposal on merits at the instance of learned advocate for the petitioner-defendant no.1 who has assailed a part of the order dated February 11, 2016 by which the prayer of the petitioner under section 21(3) of the West Bengal Land Reforms Act, 1955 was declined.
(2.) Copy of plaint, though was not annexed, as filed during hearing be taken on record.
(3.) It reveals that the principal opposite parties-plaintiffs filed the suit claiming themselves as recorded bargadars by delivering bhag produce to Sk. Anwar Ali, the defendant no.2 in the suit. Cause of action has been set out alleging that the petitioner was trying to disturb peaceful possession of the principal opposite parties.;


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