KHAGENDRA NATH CHAKRABORTY Vs. RABINDRA NATH GHOSH

JUDGEMENT

(1.) This Second Appeal is at the instance of the plaintiff and is directed against the judgement and decree passed by learned Assistant District Judge, Katwa on 20.11.1991 and 04.12.1991 respectively in Title Appeal No. 182 of 1991 affirming the judgment and decree passed by learned Munsif 2nd Court, Katwa on 11.01.1991 and 24.01.1991 respectively in Title Suit No. 34 of 1976. During pendency of present appeal, the respondent died and his legal heirs have been duly substituted and brought on record.

(2.) Plaintiff/appellant instituted a suit for eviction, recovery of khas possession and mesne profits against the defendant/respondent in respect of the suit premises on the grounds of default, nuisance, damage and annoyance as well as reasonable requirement.

(3.) Defendant/respondent contested the suit filing a written statement denying the material allegations raised in the plaint and praying for dismissal of the suit. Initially, Trial Judge dismissed the suit and against the judgment of dismissal an appeal was preferred by the plaintiff. The Appellate Court set aside the judgment and remanded the suit back for fresh trial upon giving opportunity to the plaintiff to amend the plaint and adduce further evidence.