RAMKRISHNA RAJAK Vs. SAGAR KUMAR BOSE

JUDGEMENT

(1.) The plaintiff, Sagar Kumar Bose filed a suit being Title Suit No. 118 of 1983 in the 3rd Court of Munsif at Sealdah for eviction of the licensee from the suit property i.e. B schedule property and for permanent injunction in respect of A schedule property of which B schedule property is a part. His allegation was that the defendant Ramkrishna Rajak was a, licensee under him in respect of B schedule property, that as he created annoyance, the licence had been revoked asking him to vacate the suit property and that as he did not vacate, the instant suit was filed for the aforesaid reliefs.

(2.) The defendant Ramkrishna Rajak contested the suit by filing a written statement. His defence was that Jayanta Kumar Mukherjee inducted him as a tenant to the suit property at a rental of Rs. 25/- per month payable according to English calendar month from January 1963 and that Jayanta Mukherjee subsequently directed him to pay rent to the plaintiff.

(3.) The plaintiff examined 3 witnesses including himself to prove his case. The other witnesses are P.W. 2 Satyesh Kumar Bose from whom the plaintiff took lease of the entire property and P.W. 3 Jayanta Mukherjee the previous lessee from whom the defendant claimed to have taken tenancy settlement in respect of the suit property. The plaintiff also produced some documents. On 16.9.85. the defendant's advocate filed a petition before the learned Munsif to the effect that the defendant would not adduce any evidence in support of his case as the plaintiff had miserably failed to prove his case. In view of such petition and after, hearing the learned advocates for the both sides, the learned Munsif fixed 20.9.85 for argument and heard argument on a subsequent date. On consideration of evidence as laid before him, the learned Munsif held that the defendant was a mere licensee in respect of the B schedule property and was not a tenant at all. On such ending he decreed the suit and passed decree for eviction and permanent injunction.