RADHA KISHAN GARODIA Vs. HARI PRASAD SARAF

JUDGEMENT

(1.) The appeal being No. 228 of 2006 has been filed by one Hari Prasad Saraf who was the plaintiff in Title Suit No. 1620 of 1999, the Appeal No. 230 has been filed by one Gopal Prasad Saraf who was the plaintiff in Title Suit No. 619 of 1999, however, the Appeal No. 229 of 2006 was preferred by both the aforesaid respondents in Title Suit No. 1062 of 1999 filed by the appellant herein. First two suits in connection with the aforesaid appeals were filed by Hari and Gopal, who are the brothers, for eviction of the plaintiff in the Title Suit being No. 1062 of 1999 and appellant in the Appeal No. 229 of 2006 who prayed for decree of declaration that he was a tenant. The learned Trial Judge analogously heard all the three suits as stated above and by common judgement and order dismissed the suits filed by the appellant who asked for declaratory relief, and the decree was passed in favour of both the aforesaid respondents for eviction.

(2.) Before the learned Trial Judge both Gopal and Hari filed their respective suits asking for a decree for recovery of possession of Flat Nos. 10/C situates at Premises No. 2, H. Sarani, Kolkata so far as Gopal is concerned and Flat No. 10/D of the same premises so far as Hari is concerned, on the ground that appellant was a licensee, and he failed and neglected to vacate and quit the said two flats on revocation of licence. The appellant on the other hand in his declaratory suit claimed that he was a monthly tenant in respect of the said two flats which are actually one unit.

(3.) Though the respective parties filed their respective written statements separately as against, mutual plaints however, the issue was one and identical:-