SAMBHU NATH PANDEY Vs. JITESH PANDEY

JUDGEMENT

(1.) This is to consider an application under section 115 of the Code of Civil Procedure against the judgement and order dated September 22, 2000 passed by Shri. Bilas Mukhopadhyay, learned Additional District Judge, First Court at Alipore, District : 24 Parganas (South) in Misc. Appeal No. 11 of 2000 reversing the order dated December 23, 1999 passed by Shri S.S. Sadhu, learned Civil Judge (Senior Devision), Fifth Court at Alipore, District : 24 Parganas (South) in Title Suit No. 64 of 1999.

(2.) The relevant facts, which are necessary for disposal of this revisional application, are summarised as under :

(3.) Sambhu Nath Pandey, the defendant No. 3 in this suit, and Janardan Pandey were inducted as premises tenants by Samarjit Sinha, the husband of the defendant No. 2 in this suit, and Shrimati Urmilata Sinha, the defendant No. 1 in this suit, in respect of one hall room with bath and privy with floor area measuring about 1000 sq. ft. on the north eastern corner in the ground floor of premises No. 11/A, Braunfeld Row, Police Station : Ekbalpore, Calcutta 27 at a monthly rental of Rs. 350/- (Rupees three hundred fifty) only payable according to English calendar. However, an agreement was reduced into writing in the shape of an agreement of tenancy executed by the aforesaid persons on March 20, 1984. In the said agreement it was expressly noticed that the tenants should be entitled to use the premises for residential or for godown purposes and small manufacturing purposes.