NIRUPAMA KUNTI Vs. MAYA RANI SAMNATA

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and decree passed by learned Additional District and Sessions Judge, 3rd Court, Howrah in Title Appeal No. 100 of 2016, reversing thereby the judgement and decree passed by learned Trial Court on 30/4/2011 in Title Suit No. 19 of 2008.

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

(3.) Briefly stated, depicting herself as the owner of the property the plaintiff filed a suit for eviction of defendant contending, inter alia, that Maya Rani Samanta, the defendant herein, purchased the property in suit from Md. Masum Mallick in the year 1984. While possessing the property by mutating her name and by constructing one RTO shed covering the suit property where she used to run work shop, Maya Rani Samanta on 24/5/2001 sold and transferred the said property to the plaintiff by executing a deed which was registered on 25/5/2001. The defendant however, approached the plaintiff to allow her to continue with the possession as she had to run the work shop and accordingly the plaintiff granted leave and licence to the defendant till 30th Chaitra, 1409 B.S. Licence was extended further till 30th Pous, 1414 B.S. Thereafter, the plaintiff refused to extend the licence further and filed the suit for eviction of the defendant after the defendant failed to act in terms of the notice terminating the licence.