MANASI GHOSH Vs. SUSHIL KUMAR KONAR

JUDGEMENT

(1.) THIS application is at the instance of the defendants and is directed against the Order No.9 dated September 29, 2007 passed by the learned Civil Judge (Junior Division), 1st Court, Hooghly in Title Suit No.117 of 2007 thereby rejecting the application for stay and the Order No.13 dated December 7, 2007.

(2.) THE plaintiff/opposite party herein instituted a suit being Title Suit No.117 of 2007 for declaration that the plaintiff is a tenant of the suit premises under the defendants, permanent injunction and other reliefs. THE defendants are contesting the said suit by denying the material allegations raised in the application. By the impugned order, the learned Trial Judge has rejected the application for stay. THE learned Trial Judge has also directed the defendant No.3, by the order dated December 7, 2007, to open the main gate of the suit premises within 7 days after passing of the order. Being aggrieved, this application has been preferred.

(3.) THE defendants have contended that the plaintiff had taken all his belongings from the premises in suit and at present he is residing elsewhere.