NARESH CHANDRA RAY Vs. SARADENDU ROY

JUDGEMENT

(1.) This is an appeal by the plaintiffs from the decision of the learned Additional District Judge, 10th Court, Alipore in Title Appeal No. 1349 of 1970 reversing the judgment and decree of the learned Munsif, Additional Court, Sealdah in Title Suit No. 21 of 1969, for eviction of the defendants as ex licensees in one room in premises No. 30/42, Attapara Lane, P. S. Baranagar in the district of 24-Parganas.

(2.) The plaintiffs' case was that they are the owners of the suit premises that the defendants were licensees in one room in the suit premises and that the plaintiffs duly revoked the license by a notice dated 17th Dec., 1963 served on the defendants who did not vacate the suit room in compliance thereof.

(3.) The defendants contested the suit by filing a written statement in which they denied the allegations of the plaintiffs and asserted that they were occupying two rooms in the suit premises as co-owners of the said premises which was joint family property of their father Surendra Nath Roy and father's elder brother Lalit Chandra Roy (father of the plaintiffs) and was acquired out of their joint family fund.