GOLAM KARIM Vs. SARIFAN BIBI

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated December 15, 2005 passed by the learned 6th Additional District Judge, Court, Alipore in Title Appeal No.171 of 2003 thereby affirming the judgment and decree dated July 31, 2003 passed by the learned Civil Judge (Junior Division), 3rd Additional Court, Alipore in Title Suit No.2 of 1997.

(2.) THE original plaintiff instituted a suit being Title Suit No.2 of 1997 for ejectment contending, inter alia, that the original plaintiff, Sk. Soleman was the owner of the premises in suit as described in the schedule of the plaint and the defendant was a monthly tenant under him in respect of that suit premises at a rental of Rs.16/- per month payable according to English Calendar Month. THE plaintiff sought for recovery of possession on the ground of default in payment of rent, guilty of causing nuisance and annoyance to the suit premises and causing damage to the suit premises. THE plaintiff also required the suit premises for their own use and occupation and also for their family members. A notice of quit was served upon the defendant and he was asked to vacate the suit premises. THE present plaintiffs / respondents herein are the heirs of the original plaintiff.

(3.) MR. Debasish Roy appearing on behalf of the appellant has submitted that in fact, the tenant has filed an application under Order 41 Rule 27 of the C.P.C. for calling for the original challans which are lying in the custody of the Court and for directing the Nazirkhana to produce those challans for verification of the genuineness of the xerox copies of the challans produced by the appellant and as such, the necessary orders may be passed in this respect.