SAHIDAN BIBI Vs. MD SAUKAT ALI

JUDGEMENT

(1.) The contesting defendants are the appellants against this judgment of reversal. Respondent Nos. 1 to 3 as plaintiffs filed a title suit being Title Suit No.210 of 1981 in the Court of learned Munsif, 3 rd Court at Howrah, against the present appellants as defendant Nos. 1 to 6 and also against proforma respondents as defendant Nos. 7 to 9 for recovery of possession of the suit premises by evicting the defendants' licensees on revocation of the licence and also for damages. The plaintiffs' case, in short, is that their father Md. Hanif took settlement of the suit land in thika tenancy from the then landlord and constructed a house thereupon having holding No.30/4, Munshi Noor Mohammad Lane, P. S. Howrah.

(2.) In 1952, the then landlord filed a case bearing No.117 of 1952 under Section 5 of the Calcutta Thika Tenancy Act praying for eviction of Md. Hanif form the suit land.

(3.) During pendency of the suit, Md. Hanif died in 1954 leaving behind his illiterate widow Ketaban Bibi, two minor sons and two daughters. Ketaban Bibi, being helpless approached Hanif's brother Md. Jahur for assistance and inducted Md. Jahur as licensee in respect of three rooms in the suit holding in 1954. Md. Jahur started a hotel in one of the rooms and also a pan shop in another room. Jahur agreed to pay damages to Ketaban Bibi for use and occupation of the rooms. In 1960, the case initiated by the landlord of Md. Hanif terminated. Then Ketaban Bibi claimed damages from Jahur for use and occupation of those rooms but he declined to make payment. Jahur, on the other hand, inducted his another brother Md. Ibrahim in another room of the suit holding. In 1965, Ibrahim brought a partition suit being Title Suit No.48 of 1965 asking for partition of the suit holding alleging that he and other brothers were co-sharers of the suit holding. It was dismissed by the trial court.