SK KIBRIA Vs. SANJIB KOLAY

JUDGEMENT

(1.) This application is at the instance of plaintiff and is directed against the order dated 18.05.2010 passed by the learned Civil Judge (Junior Division), Fifth Court, Howrah in Title Suit No.10 of 2005 thereby rejecting an application under Order 6 Rule 17 of the Code of Civil Procedure.

(2.) The plaintiff/petitioner took tenancy of the suit property as described in the schedule of the plaint from one Ashoke Kumar Koley by executing a deed of agreement dated 03.05.1982 and the deed of agreement was duly registered. The plaintiff started a Shaw mill. After death of Ashoke Kumar Koley, the defendants collected rents from the petitioner. They tried to evict the petitioner from the suit property forcibly with the help of their men and agents and for that reason the petitioner filed the Title Suit for declaration of their tenancy right over the suit property and injunction.

(3.) The defendants are contesting the suit by filing a written statement stating, inter alia, that the suit property was all along in the possession and enjoyment of one tenant, namely, Purusutam Patel, in terms of one tenancy agreement but as he failed to pay the rent, his tenancy was terminated by a notice dated 09.06.2004. But, in order to grab the suit property, the petitioner has claimed that he is the tenant with regard to the suit property. It is the specific contention of the defendants that the petitioner never possessed the suit property at all.