MADHUMATI MITRA,J. - (1.) This is an application under Section 401 read with 482 of the Code of Criminal Procedure filed by the petitioner challenging the impugned order dated 22nd June, 2015 passed by the Sub-Divisional Magistrate (Sadar), Berhampore, District Murshidabad in Miscellaneous Case No.2 of 2015.
(2.) Facts in brief, as narrated by the present petitioner are as follows: The total area of land of R.S.Plot Nos.3875 and 3876 is 14 decimal and 8 decimal respectively. One Bagala Ranjan Mukherjee had one third undivided share in respect of both the said R.S.Plots. After the demise of said Bagala Ranjan Mukherjee his sons and daughters inherited his undivided one third share in respect of said two R.S.Plots. Thereafter, the names of the legal heirs of said Bagala Ranjan Mukherjee were recorded in respect of said two plots. Petitioner has stated that he was a tenant under the said Bagala Ranjan Mukherjee in respect of two rooms standing on a portion of said R.S.Plot No.3875. During his life time Bagala Ranjan Mukherjee had filed an eviction suit against the petitioner being Other Suit No.33 of 1983. That suit was decreed against the petitioner and one Execution Case being No.6 of 1991 was filed for execution of that decree. The said Execution Case was dismissed for default. The petitioner has claimed that is in possession of that tenanted premises.
(3.) It is the further case of the petitioner that on August 27th, 2013 he purchased one decimal of land in R.S.Plot No.3876 from the legal heirs of Bagala Ranjan Mukherjee on consideration. By virtue of that purchase, the petitioner became the owner of undivided one decimal land and became one of the co-sharer of said plot. On June 11,2014 the vendors of the petitioner sold their share in respect of said two plots to the opposite party no.2 and they took possession of the land except the tenanted portion as the petitioner still remained in possession.;