JUGAL DENRE Vs. GOUTAM DENRE

JUDGEMENT

(1.) The instant application under Article 227 of the Constitution of India is directed against an order dated 31st January, 2019 passed in Title Suit No.451 of 2015 by the learned Civil Judge (Junior Division), 4th Court at Howrah rejecting an application under Order 1 Rule 10(2) of the Code of Civil Procedure filed by the petitioner herein.

(2.) The factual matrix leading to the filing of the instant application is that the opposite party No.1 as plaintiff filed the above numbered title suit against the opposite party No.2, Chandu Charan Denre praying for eviction of licensee and recovery of khas possession of the suit property. It was pleaded by the plaintiff/opposite party No.1 that the suit property originally belonged to one Radha Rani Denre, mother of the parties, who became the owner of the same by purchase under a registered deed of sale dated 22nd July, 1983. Subsequently, Radha Rani Denre executed a deed of gift on 8th August, 2008 in favour of the plaintiff in respect of the suit property. The plaintiff accepted the said gift by mutating his name and paying taxes to the State of West Bengal. Before execution of the deed of gift, the defendant/opposite party No.2 lived in the two rooms in the suit property as a licensee under the said Radha Rani Denre. He used to live in separate mess. After the plaintiff became the owner of the suit property by virtue of said deed of gift, he requested the defendant to quit, vacate and deliver peaceful possession of the suit property. Since the defendant failed and neglected to handover possession of the suit property to the plaintiff, the plaintiff has filed the said suit for eviction of the defendant and recovery of khas possession.

(3.) The defendant/opposite party No.2 has been contesting the suit by filing written statement disputing execution of deed of gift by Radha Rani Denre in favour of the plaintiff. It is specifically pleaded by the defendant that he purchased the suit property out of his own investment in the name of Radha Rani Denre, mother of the parties to the suit, since deceased. After purchasing the suit property he made construction thereon. Though the plaintiff has alleged that the deed of gift was executed in the year 2003. He disclosed about the existence of such deed of gift only on 5th May, 2009.