BISWANATH PAUL CHOUDHURY Vs. ABDUL QUAIYUM AZAD

JUDGEMENT

(1.) This appeal is directed against judgment and decree dated February 28, 2007 passed by the learned Judge, 11th Bench, City Civil Court at Calcutta in Title Suit No.76 of 1999. By virtue of the judgment and decree, the above suit was dismissed on contest against respondents/defendant Nos.1 and 2 and ex parte against the rest.

(2.) The plaintiffs/appellants filed the aforesaid suit being Title Suit No.76 of 1999 in the City Civil Court at Calcutta praying for declaration that the respondent/defendant Nos.1 and 2 were trespassers in respect of shop room No.3, Gate No.5 on the ground floor at 167, Dharmatalla Street, P.S. Bowbazar, Calcutta-700072 as also praying for a decree for recovery of possession of the suit premises by evicting the respondent/defendant Nos.1 and 2 and the case made out by the appellants were as follows in a nutshell:-

(3.) The aforesaid suit was contested by the respondent Nos. 1 and 2 by way of filing written statement denying all the material allegations made in the plaint and their defence were as follows:-