BISWAJIT BASU,J. - (1.) This revisional application under Article 227 of the Constitution of India is at the instance of the defendant no.1/petitioner in a suit for declaration, recovery of possession and damages and is directed against an order dated December 04, 2017 passed by the learned Civil Judge (Junior Division), 3rd Additional Court, Alipore, District : 24 Parganas (South) in Title Suit No. 1 of 2016 (15075 of 2011).
(2.) The plaintiff/opposite party Nos. 1 and 2 in the suit out of which the present revisional application arises have prayed for the following reliefs:- A. For Declaration that the purported Lease Deed dated 22-03-1989 alleged to be executed by the Defendant no. 2 in favour of the Defendant No. 1 in respect of the suit properties more fully described in the Schedules, herein below is illegal, invalid, void, inoperative and is not binding upon the plaintiffs; B. For Declaration that the defendant no. 1 has got no right whatever to claim any right and interest of the suit property being premises No. 5A, Balaram Bose 1st lane, and 5B Balaram Bose 1st lane, Kolkata- 700020, P.S. Bhowanipore on the strength of the said invalid and void the purported Lease Deed dated 22-03-1989 alleged to be executed by the Defendant no. 2 in favour of the Defendant No. 1; C. For ejectment of the defendant nos. 1 and 6 and recovery of Khas possession of the suit properties by evicting the defendant nos. 1 and 6 and/or their men and agents there form; D. For Receiver; E. For Injunction; F. For costs; and; G. For such other relief/reliefs to which the plaintiffs may be found entitled to in law and equity.
(3.) The plaintiffs at paragraph No. 13 of the plaint stated that they have come to know about the lease deed under challenge in the suit on November 17, 2008. The said paragraph No. 13 is set out below:- "13. The defendant no. 1 has filed a Civil suit being Title Suit No. 3282 of 2008 in this Court of the learned Civil Judge (Junior Division) at Alipore wherein his prayer for an order of adinterim injunction was rejected by this learned Court by order no. 2 dated 01-11-2008, and subsequently preferred Misc. Appeal No. 520 of 2008 before the learned Court of the District Judge at Alipore. To know and understand the exact fact, Order Nos. 1 and 2 both dated 5-11-2008 passed in the said Misc. Appeal No. 520 of 2008 are required to be taken together. On going through said orders it could be easily understood that the defendant no. 1 had got the orders ex parte on condition mentioned therein and after swearing on an affidavit that he is a lessee under all co-owners thus creating an impression before the learned District Judge that the purported lease deed has been executed by all six co-owners. The plaintiffs have come to learn about the execution of the said void and invalid Lease Deed on 17/11/2008 being the date on which the notice of the said Misc. Appeal No. 520 of 2008 was served upon the plaintiffs herein.";