PREHLAD BHASIN Vs. MONOJ PRAKASH LAHIRI

JUDGEMENT

(1.) The instant appeal arises out of the judgement and decree dtd. 31/8/2002 as passed by learned 8th Bench, City Civil Court at Calcutta in Title Suit no. 3021 of 1996 whereby and whereunder the said Court by the impugned judgement decreed the said suit for eviction of the defendant on contest and also passed a preliminary decree for mense profit in favour of the plaintiff at the rate of Rs.1350.00 with effect from 1989 till the vacant possession is restored. By the self same judgement learned trial court also granted a liberty to the plaintiff to pray for final decree of mense profit at the aforementioned rate on payment of requisite court fees. The defendant felt aggrieved and thus preferred the instant appeal.

(2.) For effective adjudication of the instant appeal, the facts leading to filing of Title Suit no. 3021/1996 before the learned trial court is required to be dealt with in a nutshell.

(3.) Before the learned trial court it is the plaint case that in respect of the suit property, particulars of which has been described in the schedule of the plaint, the plaintiff is the owner of the same and when the defendant in his distress approached the plaintiff to allow him temporarily to occupy the suit property as a licensee, the plaintiff granted leave and licence in favour of the defendant in respect of the suit property at a monthly licence fee of Rs.1050.00 excluding the service charge of Rs.300.00per month with effect from 1/11/1978 till September 1979. It is the further plaint case that thereafter the defendant started to occupy the suit property as a licensee by paying a monthly licence fee together with service charge, charges for fittings and fixtures, gas and electric connection, etc. and even after the expiry of period of 11 months as per request of the defendant, the plaintiff allowed the defendant to occupy the suit property as a licensee for some more months and at that time it was committed by the defendant that very soon he would make arrangement for his accommodation elsewhere and he would vacate the suit property as and when asked for by the plaintiff.