DILIP KUMAR DEY Vs. SARATHI SUNDAR DEY

JUDGEMENT

(1.) The Second Appeal is directed against judgment and decree dated 7/12/2001 and 20/12/2001 respectively passed by Sri B. Banerjee, learned Judge, Small Causes Court, Sealdah in Title Appeal No.114 of 1996 affirming the judgment and decree dated 25/4/1996 and 17/6/1996 respectively passed by Sri B. D. Nanda, learned Munsif, 3rd Court, Sealdah in Title Suit No.168 of 1989 wherein learned Trial Court passed a contested decree of eviction against defendant treating him as a licensee under the plaintiff and that the licence was revoked by plaintiff.

(2.) Being aggrieved with said judgment and decree of the learned First Appellate Court the Second Appeal has been filed alleging that impugned judgment and decree were bad in law.

(3.) The facts of this case may be summarized as follows:- The Respondent/plaintiff filed said Title Suit No.168 of 1989 against the appellant/defendant brother alleging that plaintiff became the absolute owner of the suit property. Deed of settlement dated 25.03.1986 was executed by his father Rash Behari Dey who became absolute owner of the suit property on the strength of a trust deed of 1947 executed by his father late B.N. Dey. It was further case of the plaintiff that defendant was a licensee in the suit premises under their father late Rash Behari Dey and that when plaintiff became owner of the suit property he also permitted his brother defendant at his request to stay in the suit premises as a licensee and that later on there were some problems in the aforesaid possession of the suit property by the defendant and as a result plaintiff revoked the licence by serving a notice to quit upon the defendant and that later on filed the aforesaid suit for not vacating the suit premises by the defendant.