BHANDUL SHAW Vs. TARAK SHAW

JUDGEMENT

(1.) The appellant/defendant has assailed judgment and decree dated 16th day of September, 2022 passed by the Learned Additional District Judge, Fast Track, 1st Court, Barrackpore, North 24 Parganas in Title Appeal No. 56 of 2015, thereby the learned Appellate Court set aside the judgment and decree passed by the learned Civil Judge (Junior Division), previously 4th Court, now re-designated as 2nd Court (Junior Division), Barrackpore in Title Suit No. 304 of 2009, whereby the learned Trial Court has dismissed the title suit on the ground that the plaintiff could not properly describe the suit property in the schedule of the plaint, apparently it appears erroneous and insufficient description of the suit property so no effective decree for eviction can be passed against the defendant though the plaintiff has been able to prove his ownership of the suit property.

(2.) The appeal involves a short issue as would be clear from the facts mentioned herein below:

(3.) It is further averred in the plaint that due to love and affection the plaintiff had gifted a portion of the said property measuring an area 5 Chatakhs 23 Sq. ft. of Bastu land together with one shop room in favour of the defendant in the year 2006. Thereafter, the defendant being the son of the original plaintiff, approached to accommodate him in another shop room on a temporary basis, which is situated just adjacent to his shop room i.e. western side of the defendant's gifted property as licensee without any licence fees. The original plaintiff agreed upon such proposal due to love and affection as well as in addition to undertaking offered by the defendant that whenever the suit shop room is required for him, he shall vacate the same. Original plaintiff asked to vacate the shop room for his own purpose but in spite of several requests, defendant did not vacate and further refuse to oblige the request of original plaintiff. Having no alternative, the original plaintiff instituted a suit for eviction against defendant occupied as a licensee after expiry of 15 days from the date of receipt of the legal notice to quit and vacate the suit property.