SAHIDULLAH MUNSHI,J. - (1.) This revisional application is directed against order No. 52 dated January 16, 2018 passed by the learned Civil Judge (Junior Division), 2nd Court at Howrah in Title Suit No. 16708 of 2014. The learned Court below has rejected the petitioner's application under Order 26, Rule 9 read with section 151 of the Code of Civil Procedure.
(2.) From perusal of the plaint annexed to the revisional application it appears the plaintiff has sought for the following declaration:- i) A decree of declaration to the effect that the plaintiff is the absolute owner of the 'A' schedule property and over and above the said property in schedule 'A' the defendants No. 1 to 3 have got no right, title and interest in any manner whatsoever. i) A decree of declaration to the effect that the defendants No. 1 to 3 have got no right to make any illegal and unauthorized construction on the property in schedule 'B' in any manner whatsoever. i) A decree of declaration to the effect that the defendants No. 1 to 3 have got no right to block the air and light and to cause actionable nuisance to the plaintiff's premises in schedule 'A' by way of making illegal and unauthorized construction on the 'B' schedule property."
(3.) In this plaint the defendant has filed written statement with counter claim. Relevant portion of the said counter-claim is quoted hereinbelow:- In view of the above facts and circumstances by way of counter claim, the defendants No. 1, 2, 3 prays:- a) A decree of declaration that the plaintiff has no manner of right to erect and/or construction the permanent sun shade as fixed on the Western side of ground floor to top floor of the plaintiff's schedule A (as per plaint) and/or schedule 'Y' (as per this counter claim), by blocking the air, light and to cause actionable nuisance to the defendants property as specifically mentioned in the schedule 'X' of the counter claim and schedule 'X' of the counter claim and schedule 'B' of the plaint and the same is demolished at their own cost.";