KUMARESH MAJUMDAR Vs. BINAPANI SARKAR

JUDGEMENT

(1.) This is a plaintiffs appeal against a judgement of affirmance in a suit for eviction of a licensee and permanent injunction.

(2.) On or about August 2, 1971 Title Suit No. 271 of 1971 was instituted by the plaintiff in the court of the learned Munsif, Third Court at Sealdah. District 24-Parganas alleging that by a registered deed of gift dated September 8, 1970 Shrimati Braja Bala Sarkar, the owner of Premises No. 14/H/6, Ratanbabu Road, Cossipore gifted the property in suit in favour of the plaintiff including structures standing thereon. The plaintiff applied for amendment of the plaint and by such amendment contended that the plaintiff by virtue of a deed of purchase executed on September 19, 1970 by Jagat Jyoti Seal purchased the land measuring about 3 kotthas, 1 chittak and 12 sq. ft. appertaining to premises No.14, Ratanbabu Road and, thus, became the absolute owner of the land as well as structures standing thereon. That after purchase, the plaintiff has applied for mutation of his name in the records of the Calcutta Municipal Corporation and the name of the plaintiff has been duly recorded in the records of the Calcutta Municipal Corporation. It was contended that a fresh leave or licence was granted by the plaintiff to the defendants on his becoming owner of the suit property.

(3.) The defendants contested the suit by filing a written statement.