SAILEN CHAKRABORTY Vs. CHHANDA SINGH

JUDGEMENT

(1.) The plaintiff is the appellant against the impugned judgment of affirmation passed by learned Additional District and Sessions Judge, Fast Track Court, Sealdah in Title Appeal No.26 of 2005.

(2.) The appellant as plaintiff filed a suit being Title Suit No.367 of 1999 in the Court of learned Civil Judge (Junior Division), First Court, Sealdah alleging that plaintiff was a tenant in respect of '\A' schedule property under proforma defendant No.6. It is further case that initially said tenancy was taken jointly by the plaintiff and his cousin Debi Das Ghosal. It is specific case that on 24th April, 1998 the plaintiff and his family members together with cousin Debi Das Ghosal had been to their native place keeping the 'Ka' schedule property under lock and key. It is further case that on 2nd May, 1998 on return from the native village they found that the northern side door of the suit room was unlocked and a partition wall up to the height of 5 ft. / 6 ft. was raised and that said portion was under wrongful occupation of defendant No.1 Chhanda Singh with the help of defendant No.2. It is further alleged that Debi Das Ghosal surrendered his tenancy to the landlord Kalipada Ghosh on 22nd June, 1998 and since then plaintiff became the sole tenant of the 'Ka' schedule property. It is further case that on 28.09.1999 when defendant Nos. 1 5 along with antisocial elements tried to evict the plaintiff from the remaining portion of his tenanted room, plaintiff lodged diary at the local P.S. on that day and filed this suit praying for declaration, recovery of khas possession, mandatory injunction, permanent injunction and other reliefs.

(3.) The proforma defendant No.6 Kalipada Ghosh filed a written statement supporting the plaintiff's case and admitting plaintiff as his tenant in respect of 'Ka' schedule property.