Sabyasachi Bhattacharyya, J. - (1.) The present revisional application arises from a suit for declaration, permanent and mandatory injunctions filed in connection with an immovable property. The property, at present, is comprised of a land as well as structures. The plaintiffs in the said suit have challenged an order of affirmance, whereby both the Courts below dismissed an application for injunction filed by the petitioners, seeking an order of restraint on the opposite party no. 1, Bally Investment Trust Limited and/or its men, agents, servants and followers from raising any construction on the suit property and/or encumbering the suit properties in any manner whatsoever and/or from changing the nature and character of the suit property, as well as opposite party no. 2, Howrah Municipal Corporation, from giving effect to the plan, if sanctioned in respect of the suit property.
(2.) Upon contested hearing, both the Courts below refused such injunction.
(3.) It appears from the contentions of the parties that one Khodan Bala Debi was the original owner of the suit property. One Kalipada unilaterally executed and registered a Kabuliyat, whereby Khodan Bala was supposed to give on annual lease the suit (which was a bastu land at that juncture) in favour of Kalipada on July 25, 1933.;