LAKSHMI ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner claims to be the daughter of one Shyamapada Roy, since deceased, the predecessor in interest of premises no. 6A, Shyama Prasad Colony at 360, Jessore Road, Kolkata 700055. The aforesaid premises was given on lease in favour of the deceased Shyamapada Roy by a registered deed of lease executed by the Refugee, Relief and Rehabilitation Department, Government of West Bengal on 8/9/1983 in respect of twelve chittaks six sq. ft. of land in C.S. plot no. 2114 (P), E/P no.- 6A, S.P. no. 20/1, Mouza- Kalidaha, PS- Lake Town. The said Shyamapada Roy paid the municipal tax in respect of the aforesaid property and resided thereon by constructing a single storied structure with brick walls and tin roof.

(2.) The aforesaid premises was mutated in favour of the said Shyamapada Roy by South Dum Dum Municipality and the property was numbered as 6/1, presently 8, Shyama Prasad Colony.

(3.) The petitioner claims that the private respondents are occupiers of the adjacent plot of land. The predecessor in interest of the private respondents always tried to dispossess the said Shyamapada Roy from his own property. As a consequence, the predecessor in interest of the private respondents instituted Civil Suit being T.S. No. 249 of 1985 praying for eviction of licensee. The predecessor in interest of the petitioner entered appearance in the said Suit and after the demise of Shyamapada Roy the petitioner substituted herself in the said Suit and is contesting the same.