BHADRESWAR PANDIT Vs. PUSPA RANI PANDIT

JUDGEMENT

(1.) This is a defendant's appeal against a judgment and decree passed by the Sub-Judge, Second Court, Howrah, reversing a decree of dismissal passed by the Munsif, 4th Court, Howrah. The facts of the case is as follows :

(2.) The plaintiff-respondent filed the suit in the Munsif's Court for evicting the defendant-appellant from the suit property claiming him to be a licensee therein. The plaintiff's case was that the suit property described in Schedule 'A' to the plaint originally belonged to one Sankar Kumar Patra who was a thicka tenant by erecting structures thereon. The said Sankar Patra sold his thicka tenancy right in respect of the entire 'A' Schedule property to one Satish Chandra Pandit, son of Manmatha Ch. Pand it, by a registered sale deed dated 22-2-67. While in possession of the property the said Satish Ch. Pandit inducted the defendant who is his own brother, there as a licensee. The plaintiff purchased the 'B' Schedule property out of the 'A' Schedule property from Satish Ch. Pandit by a registered deed dated 2-1-79. The defendant was in possession of one room in the 'B' Schedule property. According to the plaintiff the licence given to the defendant was automatically revoked with the sale of the 'B' Sch. property to him. The plaintiff subsequently served a lawyer's notice on the defendant asking him to vacate the property and the defendant having failed to vacate the same a suit was filed for his eviction.

(3.) The defendant contested the suit claiming his right in the property as a co-sharer. According to him his father Manmatha Nath Pandit was the actual purchaser of the 'B' Schedule property and he purchased it in the benami of Satish Ch. Pandit with the consent of his other sons and daughter. The defendant, therefore, claimed one eighth share in the property. He denied the plaintiff's claim of granting and revocation of licence and asserted his own right as a co-sharer.