RANU BHANDARI Vs. NILIMA DAS

JUDGEMENT

(1.) This Appeal arises out of the Judgment and Decree dated 20.12.2007 passed by Sri Surjendu Biswas, Addl. District Judge, 3rd Court at Alipore, Dist. 24 parganas in Title Appeal No. 273 of 1999 reversing the Judgment and Decree dated 13.8.1999 passed by Sri S.K. Halder, learned Civil Judge, Sr. Division, 6th Court at Alipore in Title Suit No. 75 of 1995.

(2.) Title Suit No. 75 of 1995 was filed by the Appellant/Plaintiff, Renu Bhandari against Krishna Chandra Das, her father praying for a Decree of Eviction evicting him from the Suit property as well as a Decree for Damages @ Rs. 50/- per Diem w.e.f. 1.10.1995 till he was evicted. She also prayed for a Decree for costs, injunction etc.

(3.) The Plaintiff, realising the ill motive of the defendant, revoked the licence on 1.10.1993 and asked him to vacate the suit premises. The defendant however, did not vacate and therefore, continued to occupy the premises as a trespasser w.e.f. 1.10.1993. The Plaintiff/Appellant therefore, filed the aforesaid Title Suit on 5.9.1995 praying for a Decree of Eviction as stated above.