AMRITA LAL MODAK Vs. GOVINDA CHANDRA SAHA

JUDGEMENT

(1.) Heard Mr. A. Bhowmik, learned counsel appearing for the appellant as well as Mr. S.M. Chakraborty, learned senior counsel assisted by Ms. B. Chakraborty, learned counsel appearing for the respondents.

(2.) This is an appeal filed under Section 100 of the CPC against the judgment and decree dated 09.12.2011 as passed by the District Judge, South Tripura, Udaipur in Title Appeal No.38 of 2010. At the time of admitting this appeal, the following substantial question of law is formulated by the order dated 18.01.2013:

(3.) The relevant factual matrix which may lay the perspective in which this impugned judgment and decree has been challenged is that the plaintiff, the appellant herein, has been running his business of selling mill made and handloom clothes in the Schedule-A property since the year, 1995. In the year 2004, the plaintiff purchased the Schedule-A property which includes the Schedule-B land. Schedule-B land is the suit property. One Naresh Chandra Modak was the original owner of the Schedule-B land and the respondent herein. The defendant in the suit was a tenant over the Schedule-B land under Naresh Chandra Modak. The defendant started occupying the Schedule-B land on the basis of a registered deed of lease executed in the year 1972 for a period of 2(two) years commencing from 1972. Thereafter the defendant continued to possess the Schedule-B land as the monthly tenant on payment of rent @ Rs.500/-, per month under Naresh Chandra Modak. The plaintiff purchased the said land by the registered sale deed dated 20.12.2014. However, the defendant continued to possess the Schedule-B land as the tenant under the plaintiff till 12.10.2007. The defendant-respondent stopped payment of rent to the plaintiff since the month of December, 2004. The plaintiff was in need of the Schedule-B land for extension of his own business.