ANATH BANDHU BASAK Vs. RAGHU NATH ADHIKARI

JUDGEMENT

(1.) This application for review under Order 47 of the Code of Civil Procedure arises out of a judgment and decree passed by the Honourable Mr. Justice P. K. Banerjee on 31st July, 1980 in Second Appeal No. S. A. 1540 of 1973.

(2.) The case as made out in the petition for such review is that the plaintiff instituted Suit No. 542 of 1966 in the Munsif's Court at Maldah for ejectment of the defendant and for recovery of arrears of rent. The plaintiff's case was that defendant was a tenant and the land in question originally belonged to Abid Hossain and others. From Abid Hossain and others Balaichand Saha purchased the said premises by a document dated 3rd June, 1965 and the defendant continued to occupy the said premises under the said Balaichand Saha. Thereafter the plaintiff purchased the said premises for a sum of Rs. 6000.00 and defendant became a tenant and continued to remain so under him. Defendant became a habitual,defaulter and on 12th of Sept., 1966 the plaintiffs served notice upon the defendant to quit and vacate the said premises on the expiry of the month of Kartick 1376 B. S. But the defendant in spite of the said notice failed to quit and vacate on the expiry of the tenancy.

(3.) The defendant contested the suit. He disputed, the relationship of landlord and tenant. His further defence is that the purchase by the plaintiff from the said Balaichand Saha was a collusive deal-it was only a paper transaction. Plaintiff acquired no interest and/or right whatsoever. In the suit itself the plaintiff sought to prove his case-title and entitlement to receive rent by producing counterfoils-some of these having the signatures of the defendant on the back and also the deed of purchase. Abid Hossain came in the witness box and proved the signature of the defendant on the back of the counterfoils of rent receipts to establish his tenancy.