Sabyasachi Bhattacharyya - (1.) The present challenge is directed against an order whereby the appellate court affirmed an order passed by the trial Judge, refusing an ad interim prayer for injunction made by the plaintiffs/petitioners in a suit for declaration of title and permanent injunction.
(2.) The petitioners filed a suit for declaration that the petitioner nos. 1 to 4 are the absolute owners, that is, raiyat of the suit property, for permanent injunction restraining the defendants and their men and agents from interfering with the plaintiffs' peaceful use and enjoyment of the suit property, from coming or entering in the suit property and from dispossessing the plaintiffs from the suit property, along with ancillary reliefs. It was alleged in the plaint that a brickfield business was being carried on over the suit property. The petitioners claimed ownership in respect of a portion of the entire suit property, to the extent of 1.455 acre. Such purchased land was an undemarcated one and the petitioners claimed to be co-owners in respect of the suit property on the strength of such deeds.
(3.) Previous to such purchases and apart from those, the petitioner nos. 1 to 4 were lessees in respect of the entire suit property, comprised of about 6.90 acre. All the said leases, though, expired in or before the year 2003.;