PRATIMA RANI GHOSH Vs. HAREKRISHNA MONDAL

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and decree passed by learned Additional District and Sessions Judge, Fast Track Court-II, Sealdah in Title Appeal No. 6 of 2003, affirming the judgement and decree passed by learned Civil Judge, Junior Division, 2nd Court, Sealdah in Title Suit No. 607 of 1992. Learned Trial Court in a suit for eviction of a premises tenant passed the decree despite the specific finding that there was no relationship of landlord and tenant between the parties. The defendant made an unsuccessful attempt to get the judgement of learned Trial Court reversed. Learned First Appellate Court accepted the view of learned Trial Court. Hence this appeal.

(2.) For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.

(3.) Briefly stated, the plaintiff filed the suit for eviction, stating, inter alia, that by virtue of a solenama in Title Execution Case No. 129 of 1979 and 130 of 1979 executed by and between Harekrishna Mondal, the decree holder and Prafulla Kumar Ghosh since deceased, the judgement debtor, in the said execution proceeding, the defendant was given possession of half of the shop room and two bed rooms with verandah and at premises no. 43A Ultodanga Road, P.S. Ultodanga, Kolkata- 700004 at a monthly rental of Rs.140.00 payable according to Bengali Calendar Month. The defendant failed to pay such rent and thus became a defaulter. It is alleged that the defendant parted with possession of the shop room by sub-letting the same to one Dilip Sarkar without written consent of the landlord. A notice terminating the tenancy was served upon the defendant through the advocate of the plaintiff calling upon her to quit and vacate the suit property on the expiry of month of Shrabana, 1399 B.S. but the defendant failed to act in terms of the said notice. Hence the suit.