GOVINDA MOUT Vs. TARAK NATH SHAH

JUDGEMENT

(1.) -One Govinda Mout filed Title Suit No. 405 of 1986 against one Tarak Nath Shah in the City Civil Court, Calcutta praying for a declaration that he is a monthly tenant under the defendant in respect of one room and a privy on the northern side of premises No. 3, Leonard Road, Calcutta-22 and/or permanent injunction restraining the defendant, his men and agents from interfering with his possession and enjoyment of the suit property.

(2.) Shri Tarak Nath Shah, on the other hand, instituted Title Suit No. 1248 of 1986 against the said Govinda Mout in the same Court praying for a declaration that the defendant was a licensee in respect of one room situated on the northern side of the premises No. 3, Leo'nard Road under the plaintiff and for vacant and khas possession of the said premises.

(3.) Both the suits were tried analogously by the Fourth Bench of the City Civil Court at Calcutta and Shri P.K. Mitra, Judge of the said Court by a common judgment dated 30.4.93 dismissed the Title Suit No. 405 of 1986 and decreed the Title Suit No. 1248 of 1986 on contest in favour of Tarak Nath Shah with a direction upon Govinda Mout to hand over vacant possession of the suit premises within one month failing which liberty was given to the landlord to execute the decree. Against the said judgment, Govinda Mout filed FAT No. 1996 of 1993 against the decree passed in Title Suit No. 1248 of 1986 and FAT No. 1997 of 1993 against the order of dismissal of the Title Suit No. 405 of 1986. The defendant Tarak Nath Shah appeared in both the appeals and those were taken up for analogous hearing. So this judgment is to govern the fate of both the appeals.