DILIP KUMAR KUNDU Vs. GOBINDA PROSAD BHATTACHARYA

JUDGEMENT

(1.) This appeal arises out of a judgment and decree dated 18 th November, 2008 passed by the learned Additional District Judge, Fast Track Court II, Krishnanagar, Nadia in Title Appeal No.20 of 2006 reversing the judgment dated 29 th July, 2005 and decree thereof passed by the learned Civil Judge (Junior Division), Nabadwip, Nadia in Title Suit No.110 of 2001.

(2.) The respondent as plaintiff files a suit for eviction against the appellant / tenant on the grounds of default, damage and violation of conditions of clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act. According to the plaintiff, the defendant was a tenant under the plaintiff at a rental of Rs.14/- per month payable according to Bengali calendar month and he defaulted in payment of rent since Poush 1394 B. S. It is further case that the defendant illegally converted the service privy into a pour flash privy by illegally blocking the passage of the plaintiff landlord and also raised a tin shed room on the roof of said tenanted portion without any authority.

(3.) Accordingly, the plaintiff landlord filed a suit for eviction after serving statutory notice upon the defendant tenant.