Hiranmay Bhattacharyya, J. - (1.) The instant application under Article 227 of the Constitution of India is at the instance of the plaintiffs in a suit for declaration of title and for further declaration that the deeds being No.8660 and 8661 both dated 18th December, 2013 executed by defendant no.3 in favour of the defendant nos.1 and 2 be declared as illegal and void and for permanent injunction.
(2.) The case as made out in the plaint is that Rani Laha obtained 'Ka' Schedule property by virtue of a registered deed of partition being no.9115 dated 09.06.1992. Rani Laha was married with defendant no.3 and she died issueless. As Rani Laha obtained the property by way of inheritance from her mother, the defendant no.3 did not inherit any share in her properties upon her death. The property thus devolved upon the brothers and sisters of Rani Laha who are the plaintiff nos.1 and 2 and proforma defendant nos.4 and 5 in the suit. The defendant no.3 do not have any right, title and possession over the suit property but have executed two registered sale deeds being no.8660 and 8661 respectively both dated 18.12.2013. Since, the defendant nos.1, 2, and 3 have threatened to dispossess the plaintiff from the suit property and are trying to change the nature and character of the suit property, the instant suit has been filed by the petitioner herein.
(3.) In connection with the said suit, the plaintiffs filed an application for injunction praying for an order of temporary injunction restraining the defendant nos.1 and 2 from disturbing the peaceful possession of the plaintiffs in respect of the suit property as well as from changing the nature and character of the same.;