ARCHANA ROY Vs. DIPANJAN BHATTACHARJEE

JUDGEMENT

(1.) The instant revisional application under Article 227 of the Constitution of India is directed against the order dated September 25, 2018 passed by the 9th Court, Civil Judge (Senior Division) at Alipore in Ejectment Suit No. 132 of 2016.

(2.) The petitioner filed the suit for eviction of the opposite party from the suit property alleging that the opposite party was put into possession of the suit property on the basis of the agreement styled as "leave and licence agreement" for a period stipulated in the said agreement. On expiry of the period fixed by the initial agreement subsequent agreements of same nature was entered into by and between the petitioner and the opposite party. The opposite party on expiry of the period fixed by last of such agreements refused to vacate the suit property and is continuing the possession over it as a trespasser.

(3.) The learned Trial Judge in course of the hearing of the said suit impounded one of the said agreements holding that the said agreement is not sufficiently stamped and send it to the collector for assessment of proper stamp duty payable on the said document.