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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI
HARISH TANDON, APURBA SINHA RAY
Supriya Mukherjee – Appellant
Versus
Siliguri Cinema & Trading Company Limited – Respondent
JUDGMENT :
HARISH TANDON, J.
1.The instant appeal arises from the Order no. 11 dated 13.10.2023 passed in T.S. no. 95 of 2022 by the learned Civil Judge (Senior Division) at Siliguri by which an application for injunction filed under Order 39 Rule 1 and 2 of the Code of Civil Procedure was rejected on contest. At the time of admission of the instant appeal, an ad interim order of injunction restraining the respondents from carrying on any further construction and/or creating any third party interest and/or encumbrance on the suit property also from transferring and/or alienating of the suit property in favour of a third party was passed.
2. The salient facts required for the purpose of determining the point urged in the instant appeal are adumbrated hereinafter. One Rajani kanta Mukherjee, since deceased was the owner of large tract of land situated at Rajani Bagan, Hill Cart Road, Siliguri and left behind him surviving two sons namely, Durgapada Mukherjee and Babu AnandaKanta Mookerjee upon his death. A family settlement was entered into between the aforesaid two sons whereby and whereunder both the sons have decided to divide the joint property to the exclusion of other. It is undis
The non-agricultural tenant is exempted from the vesting provisions of the West Bengal Estates Acquisition Act, 1953, confirmed by the retrospective effect of Section 3A of the West Bengal Land Refor....
The main legal point established in the judgment is the interpretation and application of the provisions of the West Bengal Estates Acquisition Act, 1953, and the West Bengal Land Reforms Act, 1955, ....
A landowner retains ownership of appurtenant land despite physical deterioration of the building, as possession based on historical claims and will documentation is recognized under relevant statutor....
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
Question of title can be looked into in a suit for injunction unless same is very complicated – A person who is in settled possession cannot be dispossessed except in accordance with law.
Injunction - Once possession is lawful, suit for injunction simpliciter is maintainable, same cannot be thrown away at threshold in exercise of powers under provisions of Order VII Rule 11(d) of Code....
Non-occupancy tenancy rights are inheritable under the Hindu Succession Act, contradicting earlier rulings that deemed them non-heritable.
Possession does not establish title; limited injunction against dispossession without due process granted.
(1) Interim injunction – Grant of – Plaintiff has to establish a prima facie case and that balance of convenience is in favour of order sought and that irretrievable injury would result, if it was no....
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