AJIT KUMAR SAHA Vs. AMAR KUMAR SAHA

JUDGEMENT

(1.) This appeal arises out of a suit for eviction and other consequential reliefs filed by the Plaintiff Respondent. Facts in brief as stated in the plaint are that the Plaintiff is the trustee of the suit property wherein the Defendant was a licensee originally under the settlor Smt. Krishna Bhabani Sah since April 1978 and after the deed of settlement he became licensee under the Plaintiff in respect of one room on the second floor of the premises without any payment. In spite of request by the Plaintiff, the Defendant denied to vacate the room. The licence was cancelled verbally on November 10, 1985. Following the same the present suit was filed.

(2.) In the written statement the Defendant Appellant apart from denying the contentions of the Plaintiff stated facts relating to devolution of the said property at the earlier stages before settlor Krishna Bhabani got the same and it is contended that by virtue of such devolution the Defendant has right title in respect of half share of the said property as Kishna Bhabani herself having not more than half share could not settle the entire property in favour of the Plaintiff Respondent. It is further stated that there is a partition suit pending in the trial court where all the co -sharers including the parties to the present proceeding are parties and the right title in respect of the disputed property will be decided in the said partition suit itself.

(3.) Heard Mr. B.N. Kahaco, Learned Counsel for the Appellant and Mr. Jyotirmoy Bhattacharya, Learned Counsel for the Respondent.