MURARI MOHAN MISRA Vs. SHYAMA CHARAN MISRA

JUDGEMENT

(1.) The present second appeal is at the instance of the plaintiff in a suit for eviction of licensees and is directed against the judgment and decree dated March 21, 1996 passed by the Assistant District Judge, District 24-Parganas (Undivided) in Title Appeal No. 53 of 1995 thereby reversing the judgment and decree dated February 28, 1995 passed by the 3rd Court, Learned Munsif, Sealdah, District- 24 Pagranas(Undivided) in Title Suit no. 477 of 1986.

(2.) One Surendra Nath Mishra was the admitted owner of the premises No. 15 Pravuram Sarkar Lane, Kolkata-700015. The plaintiff claiming to be the adopted son of the said admitted owner filed the said suit for eviction of the defendants from the entire ground floor and one room with one R.T. shed kitchen on the second floor of the said premises, describing them as licensees under him. The defendants are full blood brothers of the plaintiff. The plaintiff in the suit also claimed title over the suit premises on the basis of a deed of gift allegedly executed by the said Surendra Nath Mishra.

(3.) The defendants contested the said suit on a defence that the plaintiff is not the adopted son of the said Surendra Nath Misra, and the deed of adoption on the basis of which the plaintiff is claiming title over the suit premises was never acted upon, further defence of the defendants in the said suit was that on the death of the admitted owner of the suit premises, their greatgrandfather, they have acquired right, title and interest over the suit property as co-sharers thereof.