NARBADA DEVI GUPTA Vs. BIRENDRA KUMAR JAISWAL

JUDGEMENT

(1.) The suit for recovery of possession of the suit premises on the allegation of taking wrongful and forcible possession by the contesting respondent was decreed by the City Civil Court, Calcutta by its judgment dated 29-6-1984. The Division Bench of the High Court of Calcutta by judgment dated 12-1-1996, has set aside the judgment of the City Civil Court and allowed the appeal of the respondent. The petitioner, being plaintiff in the trial Court, has, therefore, approached this Court in the present appeal.

(2.) The suit premises belong to the deceased Gokul Chand. On his death, it was inherited by his wife Ram Moni Devi. She also died and the original plaintiff-Gangadhar Halder (who is pro forma non-contesting respondent No. 2 in this appeal), claims to be her successor-in-interest as the adopted son. The present appellant is transferee of the suit property from the original plaintiff-Gangadhar Halder.

(3.) The contesting respondent resisted the suit claiming to be in possession of the suit premises as tenant. Apart from leading oral evidence to prove tenancy, he produced rent receipt marked as Exs. A, A-1, and A-2. An Agreement of tenancy dated 12-12-1970 marked as Ex. C was also produced to prove his status as tenant in the suit premises.