ASOKA MUKHERJEE Vs. GANDHI DAS

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated March 30, 1992 passed by the learned Additional District Judge, Eighth Court at Alipore, District: 24 Parganas (South) in Title Appeal No. 4 of 1990 reversing those dated September 7, 1989 passed by the learned Munsif, Third Court at Alipore, District: 24 Parganas (South) in Title Suit No. 601 of 1983.

(2.) The plaintiff/appellant instituted the present suit for ejectment and damages contending, inter alia, that she was the owner of premises No. 26/1A Manohar Pukur Road, Calcutta-29 and that one Kalipada Das, since deceased, was a monthly tenant under her in respect of a shop room. After the death of Kalipada, his tenancy devolved upon his widow Sabitri Bala. The plaintiff instituted Title Suit No. 275 of 1975 in the Court of the learned Munsif, Third Court at Alipore for eviction of Sabitri Bala, which was decreed, but the appellate Court set aside the decree and remitted the suit to the trial Court. During the pendency of the suit, after remand, Sabitri Bala died on January 11, 1982 leaving no heir and as such nobody could be substituted in the said suit. Ultimately, the said suit stood abated on February 23, 1983. The present defendants, who were employees of Sabitri Bala, were occupying the suit shop room as trespassers and as such the plaintiff was entitled to recover the possession of the suit shop room from such wrongful occupiers.

(3.) The defendant/respondent No. 1 contested the suit by filing a written statement wherein it was categorically asserted that he was the adopted son of Sabitri Bala and Kalipada and as such he has inherited the tenancy on the death of Sabitri Bala.