JATINDRA CHOWRASIA Vs. ANAMIKA ROY

JUDGEMENT

(1.) This Court has heard the learned Advocates for the respective parties. The facts of the case, briefly, are follows: -

(2.) The defendant contested the said suit by filing a written statement denying the material allegations made in the plaint and contended that there was no relationship of landlord and tenant between the parties to the suit but also stated that although the plaintiff might have realised rent from the defendant and the defendant might have paid/deposited monthly rent in the name of the plaintiff yet there could not be any relationship of landlord and tenant in between the plaintiff and the defendant. The defendant did not dispute that the plaintiff and her brother with his family are residing on second floor of the suit holding but denied that the plaintiff requires the suit premises for own use and occupation. The defendant also disputed the plaintiff s claim of ownership of the suit premises on the basis of compromise decree passed in the said T.S.. It appears from the judgements of the learned Courts below that the defendant also filed a written statement. It may be recorded here that after the original defendant died the present appellants and the proforma respondents were substituted in place and stead of the original defendant.

(3.) The said suit came up for hearing when evidence was adduced on behalf of the respective parties.