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Judgment
This G.A. was permitted to be moved as an unlisted application. Within a very short compass the petitioner has agitated before this Court that he was a lessee in respect of the suit property and for his eviction the lessors filed a suit being T.S. No. 39 of 1973 before the learned Subordinate Judge, Alipore. The suit ended in an order to the effect "Thus considering I hold that the suit property vested in the State from 1st Baisak, 1362 and original defendant Benoy Krishna Mitra became a lessee under the State Government by virtue of a Proviso to sub-Section (2) of Section 6 of the West Bengal Estate Acquisition Act."
The learned Court dismissed the said suit by a judgment and decree dated 30th March, 1979. The said judgment and decree are under challenge in a second appeal being S.A. 265 of 1981 wherein an order was passed on 11th September 1992 by this Court directing the parties to maintain status quo as on that date. It is the grievance of the petitioner that despite such order of Status quo and despite the fact that the original lessor had no right to transfer the property, more so, when the order of Status quo is in force, he executed a Deed of Conveyance on 14th May, 2011.
Having regard to the facts and circumstances of the case, I am prima facie satisfied that before this suit is decided on merit the existing Status quo of the property in question should be maintained keeping in view of the order dated 11th September, 1992 passed in S.A. 265 of 1981 and I thus restrain the respondent no. 10, 11 and 12 for the present from proceeding any further on the basis of the registered Deed of Conveyance dated 14th May, 2011 and also from changing the nature and character of the suit property or from creating any third party interest in respect of the said property without leave of this Court.
This order shall continue for a period of two weeks from date or until further orders whichever is earlier. It is submitted that Notice of Motion has already been taken out. Let Notice of Motion be filed on the next date of hearing.
Let all the defendants be served in the meantime by proper mode of service.
Let this matter appear after two weeks under the heading "New Motion".