KSHITISH CHANDRA MONDAL Vs. SHIBA RANI DEBI

JUDGEMENT

(1.) THIS appeal, on behalf of defendant 1, arises out of a suit brought by the plaintiffs for declaration of their title to the disputed land and for recovery of vacant possession after removing a temporary shed erected by the defendant thereon. Only such facts as are relevant and necessary for deciding the limited questions raised in this appeal may be shortly stated.

(2.) UNDER the Maharaja of Cossimbazar Nirendra and his brothers held a jama in respect of C. S. plot No. 2122 within the Ranaghat municipality. Subsequently, Nirendra became the sole owner of the leasehold right. The plaintiff's case is that on C. S. plot no. 2122 they had erected certain thatched sheds. The principal defendant was inducted as a monthly tenant of those sheds for a fruit stall. A suit for ejectment bad been filed against the defendant after due service of a notice under Section 106, T. P. Act. Daring the pendency of the suit however there wag a fire in the bazar when this particular shed was completely burnt down. Thereafter, the defendant raised another structure on the land in spite of the protest of the plaintiffs. A prayer for injunction in the suit which was then pending was refused and thereupon the said suit was withdrawn with liberty to institute a fresh suit. Under these circumstances the present suit came to be filed. The plaintiffs allege that the original shed which had been let out to the defendant having been destroyed by fire the contract between the parties was rendered void and the plaintiffs are entitled to re -enter.

(3.) BOTH the Courts below have held that the abed which had been burnt down had been erected by the lessors and what had been let out was the shop room only. That the defendant was a tenant in respect of the shop room erected by the plaintiffs is a conclusion which is a finding of fact on a consideration of the evidence in the case. This question cannot be re -agitated in this appeal.