USHA BARUA Vs. AMARENDRA CHAKRABORTY

JUDGEMENT

(1.) Both the courts below have decided the case against the appellant/tenant.

(2.) Plaintiff filed the suit against the original tenant Kishore Chatterjee for eviction from the tenanted premises who died on 13/6/2011 and thereafter his wife Smt. Maitrayee Chatterjee also died on 17/1/2012 leaving no heirs/legal representatives. The said Kishore Chatterjee allowed this appellant to reside in the suit flat on oral permission although she is nothing but an outsider and stranger. The appellant had been using the same for commercial and non-commercial purposes by setting up office of one Nari Nirjatan Pratirodh Mancaha ignoring the objection of the respondents.

(3.) The appellant denied all the allegations as made out against her and claimed to be the foster daughter of the original tenant Kishore Chatterjee (since deceased) and claimed that on the demise of the original tenant and his wife the tenancy has been devolved upon her and her occupation in the tenanted premises is not unlawful rather she is a tenant under the respondents/landlords.