MANISH DOGRA Vs. ANIMA RANI SINHA

JUDGEMENT

(1.) The opposite party instituted a suit (Eviction Case No.46 of 2004) in the IstCourt of the learned Civil Judge (Junior Division), 24-Parganas (South), Alipore for eviction of the petitioner's father from the suit property and recovery of khas possession thereof as well as for mesne profit from September 1,2003.

(2.) It is the plaint case that the father of the petitioner had acquired separate flats in his name where he has been residing and possession of the suit property was parted with in favour of outsiders without obtaining the consent of the opposite party. Notice to quit dated July 14, 2003 was issued. However, possession was not vacated giving rise to the present suit.

(3.) The petitioner's father was originally the sole defendant in the suit. On his death on February 26, 2005, the petitioner has been substituted in the suit as defendant on December 7, 2005, his mother having predeceased her husband. The petitioner is contesting the suit.