RAMA BALLAV ROY Vs. KAMALA CHATTERJEE

JUDGEMENT

(1.) The plaintiff has instituted the suit for recovery of possession and mesne profits from October, 2012 to November, 2012. In spite of service of writ of summons upon the defendants none of the defendants have entered appearance in the suit.

(2.) Although in view of Order VIII Rule 5 of the Code of Civil Procedure the plaintiff is otherwise entitled to decree since the defendants although had the opportunity to appear and contest the proceeding but did not enter appearance however the plaintiff himself and two witnesses on behalf of the plaintiff gave evidence in support of the claim in the suit.

(3.) The plaintiff and his mother were the owners of premises No. 64, Ahiritola Street, P.S. Jorabagan, Kolkata 700005 (hereinafter referred to suit premises).