LAWS(CAL)-2010-4-98

AMAR JYOTI PICTURES Vs. SRI HIMADRI DAS

Decided On April 01, 2010
MESSERS AMAR JYOTI PICTURES Appellant
V/S
HIMADRI DAS Respondents

JUDGEMENT

(1.) This Court has heard the Learned Advocates for the respective parties.

(2.) The plaintiffs/respondents filed a suit against the defendant/ appellant being Title Suit No. 1740 of 1986 in the City Civil Court Calcutta praying inter alia for a decree for khass possession after evicting the appellant from the suit premises, mesne profits and damages. The case made out in the plaint was inter alia to the effect :-

(3.) The defendant/respondent contested the said suit by filing a written statement denying the material allegations made in the plaint and alleged inter alia that the defendant was inducted by Rabindra Kumar Das as a monthly tenant in respect of the two rooms with attached bath, no kitchen was ever delivered to the defendant as a part of the tenancy. The defendant holds another monthly tenancy of suite No.4A on the same floor of the said premises. The defendant denied that there was any lease or that the lease expired by efflux of time on 31st March, 1980. The defendant claimed that the defendant has all along been a monthly tenant in respect of the two rooms and attached bath room and that the suit should be dismissed.