ASAN ALI MONDAL Vs. SARAWADDIN AHMED

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated June 13, 1997 passed by the learned Assistant District Judge, 4th Court, Alipore whereby the appeal preferred against the trial Court's judgment and decree allowing the plaintifffs/respondents' suit for eviction was dismissed.

(2.) Plaintiff No. 1 purchased the land and structures together with Thika Tenancy right at premises No. 17, Beck Bagan Row, Calcutta, to the extent of one-third share on 26th June, 1963 from one Amir Ali Mondal by a registered deed of conveyance. Plaintiff's Nos. 2 & 3 purchased the remaining two thirds share of the structure together with land at the said premises on September 9, 1963 from Asan Ali Mondal (defendant No. 2) and one Abdul Karim Mondal. Thus, the plaintiffs became the 16 annas owners of the suit property at 17, Beck Bagan Row, Calcutta.

(3.) Following oral surrender of the tenancy by the tenants, Sk. Abdul Kader and Md. Akhtar on November 7, 1963, the plaintiffs got khas possession thereof and while in such possession the suit property was "leased out" by them to one Sk. Abdul Mabood on 12.11.1963 for a period of five years. On the expiry of the said lease period Sk. Abdul Mabood handed over the property to the plaintiffs. While in such khas possession of the suit property there was a partnership deed between the plaintiff No. 1 on the one hand and the pro-defendants, Mosammal Haque Laskar, Sirajul Haque Laskar and Asan Ali Mondal (defendant No. 2) on the other on November 20, 1969 to carry on Bakery business in the name and style of "Mondal Bakery" at 17, Beck Bagan Row for a term of three and half years.