DHANANJAY PAUL Vs. MOHAN KEDIA

JUDGEMENT

(1.) Whether the respondent is a tenant or licensee is the main question centered around in the present appeal in which the judgment and decree dtd. 21/5/2016 passed by the learned Judge, Bench'X, City Civil Court, Calcutta in T.S. no. 1793 of 2012, whereby the suit for recovery of possession instituted by the plaintiff/appellant (in short, the appellant) against the defendant/respondent (in short, the respondent) has been dismissed on contest, has been impugned.

(2.) The appellant filed the suit contending, inter alia, that by virtue of the final decree passed in a suit for partition vide. T.S. no. 3370 of 1996, appellant was allotted the Lot-C in the premises no. 7, Kripanath Lane, Kolkata-5 and in Lot-C, there is a garage and/or car parking space measuring about 257 sq.ft., in the suit property herein and the respondent is occupying the garage as a licensee.

(3.) Appellant claimed therein that license to occupy the garage was granted to the defendant by the appellant's father, who has passed away in 1985 and consequently, the license stood revoked and by giving a lawyer's notice dtd. 10/10/2012, the appellant asked the respondent to hand over possession of the suit property but in spite of receipt of that letter and despite lapse of the time stipulated in the letter, the respondent did not hand over the vacant possession of the suit property. Hence, the suit.