CHAKRABERIA SISHU SANGHA Vs. SIBAJI DUTTA

JUDGEMENT

(1.) THIS application for revision under Section 115 of the C. P. C. is directed against order No. 46 dated 25th March, 1985 passed by Smt. A. Debnath, Learned 1st Additional Munsif, Howrah in T. S. No. 61 of 1983.

(2.) TWO brothers who are the opposite parties no. 1 and 2 in this matter brought a suit against the opposite party No. 46 of 1981 in the Court of the munsif of Howrah (renumbered on transfer to the Court of the Learned 1st additional Munsif as T. S. No. 61/83) praying for a decree for eviction of the opposite party no. 3 from the disputed room and for mesne profits. The opposite parties no. 1 and 2 claim to be the absolute owner of the said premises as legatees under a will executed by Hrisikesh Dutta. The will was duly probated. The O. P. No. 3 was allowed to occupy the disputed premises on oral permission by the said Hrisikesh Dutta as a licencee. The opposite parties no. 1 and 2 served upon the O. P. No. 3 a Notice of revocation of licence on 26. 6. 75 calling upon the later to vacate the disputed premises. The opposite parties no. 1 and 2 subsequently cancelled the said Notice and again served a Notice upon the O. P. No. 3 on 22. 1. 1989 calling upon the O. P. No. 3 to quit vacate and deliver khas possession of the disputed premises in favour of the opposite parties no. 1 and 2 but the opposite party no. 3 did not vacate the said premises.

(3.) IN the suit filed for eviction the O. P. No. 3 filed a written statement denying the material allegations made in the plaint and contended inter alia that the opposite parties No. 1 and 2 were not the absolute owners nor they were possessed of the disputed property. He denied that there was any relationship of licensor and licencee between the parties as claimed. In paragraph 23 of the written statement whereby the O. P. No. 3 has categorically stated that Hrisikesh Dutta executed an Agreement for sale in favour of chakraberia Sishu Sangha, a Registered Club (the petitioner in the revisional application) in token of his promise to sell the properties comprised within municipal Holding No. 120/3, Baruipara 1st Bye Lane, P. S. Shibpur, Dist. Howrah and he received Rs. 1,000/- as earnest money and in part performance of the contract he delivered possession of the premises in favour of the club on or about 14. 4. 1975 as purchaser. The O. P. No. 3 further stated that he occupied the disputed premises as a licence under the said Club.