SANTA HAZRA Vs. BASANTI GHOSH

JUDGEMENT

(1.) This appeal is directed against judgment and decree dated 9 th of October, 1996 passed by learned Additional District Judge, 9 th Court, Alipore in Title Appeal Nos. 199, 201, and 202 all of 1992 affirming judgment and decree dated 30 th of January, 1992 passed by learned Assistant District Judge, First Court at Alipore in Title Suit Nos. 92 of 1987, 93 of 1987 and 94 of 1987. Learned Trial Court disposed of those three suits analogously by single judgment resulting filing of said three appeals in the learned Lower Appellate Court who also disposed of those three appeals analogously by the judgment impugned.

(2.) One Basanti Ghosh alias Lila Ghosh filed Title Suit No.180 of 1966 which was later renumbered as Title Suit No.93 of 1987 in the Court of learned Munsif, second Court at Alipore against Jatindra Mohan Ghosh alleging inter alia that she was the owner in possession of premises No.2/3, Hindustan Park, Ballyganj, Calcutta-29 by virtue of a registered deed of gift dated 14 th of December, 1963 executed by her husband Jatindra Mohan Ghosh. Defendant Jagadindra Nath Ghosh was a son of Jatindra Mohan Ghosh by his first wife and was staying in a portion of said suit house which was described in the schedule of the plaint, as a licensee under Jatindra Mohan Ghosh and later on under plaintiff. The plaintiff revoked the licence of defendant Jagadindra Nath Ghiosh on 14 th of February, 1964 and asked him to vacate the suit premises. On his refusal the suit was filed for declaration that defendant Jagadindra Nath Ghosh was a licensee under the plaintiff and that the licence was revoked, with a prayer for recovery of 'khas' possession of the suit premises after evicting defendant threrefrom and mesne profit etc. On 13 th May, 1964 said Basanti Ghosh filed another suit for recovery of khas possession on termination of licence against defendant Abanindra Nath Ghosh, another son of Jatindra Mohan Ghosh by his first wife, being Title Suit No.208 of 1964 finally renumbered as Title Suit No.94 of 1987 in the Court of learned Munsif, Second Court at Alipore on same grounds of Title Suit No.93 of 1987. On 27 th January, 1965 said Abanindra Nath Ghosh and Jagadindra Nath Ghosh filed Title Suit No.5 of 1965 finally renumbered as Title Suit No.92 of 1987 in the Second Court of Sub-ordinate Judge at Alipore for declaration and injunction against their father Jatindra Mohan Ghosh, step mother Basanti Ghosh, Mira Biswas and Sima Sarkar (married daughters of Jatindra Mohan Ghosh through his first wife).

(3.) The case of the plaintiffs' in Title Suit No.92 of 1987 may be summarized as follows:-