BENOTA GHOSH Vs. SITESH CHANDRA LAHIRI

JUDGEMENT

(1.) This seeond appeal is directed against ihe judgment arid deeree dated 3rd June, 1996 passed by the learned Additional District Judge. 3rd Court at Alipore, 24-Parganas (South), in Title Appeal No. 290 of 1994 affirming the judgment arid decree dated 30th April, 1994 and 1st August. 1994 respectively passed by the 3rd Court of Additional Munsif at Alipore in Title Suit No. 64 of 1993.

(2.) The plaintiff/respondents brought the suit being Title Suit No. 64 of 1993 before the learned Munsif for ejectment and recovery of khas possession and damages or compensation for wrongful use and occupation valued at Rs. 4,010/ (Rs. 3.960/- for ejectment, and Rs. 50/- for damages tentatively).

(3.) The plaintiff/respondent staled in the plaint filed in connection with the said suit that the appellant/defendants herein have sub-let or assigned the entire ground floor of the tenanted premises to various persons for commercial purpose without the consent of the plaintiff/ respondent although the tenancy was created for residential purposes only. The appellant/defendants contested the said suit denying specifically the sub letting of the ground floor of the tenanted premises to different persons besides challenging the notices. The learned Munsif after considering the evidence on record held that the appellant/defendants actually sub-let the tenanted premises for the purpose of business to different persons without the consent of the plaintiff and accordingly, the learned Munsif decreed the suit and directed the defendants to quit. vacate and handover the peaceful khas possession of the suit premises to the plaintiff.