- (1.) THE private respondents filed a pre-emption suit against one Bijoy Kumar Dey (hereinafter referred to as "bijoy") and one nakul Chandra Pramanik (hereinafter referred to as "nakul") who were recorded owners of Plot No. 3275 Khatian No. 1435 under Mouza - Kota in the district of Burdwan. The private respondents obtained a decree as against the said Bijoy and Nakul and purchased the entire share in respect of the said plot measuring about 7. 79 acres. The private respondents thereafter filed a Title Suit being Title Suit No. 20 of 1980 before the learned munsiff, Second Court, Durgapur against Bijoy. The title suit was decreed in favour of the private respondents by the First Court on February 28, 1985. The decree, inter alia, provides as follows :- "the right, title and interest of the plaintiffs in 'ka' schedule land to the plaint is hereby declared. It is also declared that the defendant has been merely in permissive possession of the 'kha' schedule land to the plaint as a licensee under the plaintiff. The defendant is hereby restrained by an order of permanent injunction from claiming any title in the 'ka' schedule land or in any portion thereof and from erecting any structure in the suit property and from doing any act in respect of suit property prejudicial to the interest on the plaintiffs and from changing status-quo in nature of the suit property"
(2.) FROM the judgment and decree it reveals that the portion of the said Plot No. 3275 measuring about 9ft. x 6ft. was described as 'kha' schedule which was held to be in permissive possession of the predecessors of the appellants as licensee under the private respondents. The First Court perpetually restrained the appellants from erecting any structure in the suit property and from doing any act in respect of the suit property prejudicial to the interest of the plaintiffs therein and from changing status quo in the nature of the suit property. The said decree was upheld upto this Court; the Division Bench dismissed the appeal filed by the appellants on May 22,1997.
(3.) ON September 28, 2005 the learned Advocate acting on behalf of the private respondents wrote to the District Magistrate to the following extent :- "that in this respect I request you on my behalf of my aforesaid client to arrange to give the possession of my client's land which is forcibly and unauthorisedly occupied by the Late Bijoy. Dey and now his sons dhiren Dey + 2 others. I, therefore, request you on behalf of my client to take appropriate action against the occupation and hand over the land to my client as mentioned of my previous letter as an earliest and do justice thereby. ";