LAWS(CAL)-2004-1-21

NIHAR RANJAN MUKHERJEE Vs. JUTHIKA DUTTA

Decided On January 30, 2004
NIHAR RANJAN MUKHERJEE Appellant
V/S
JUTHIKA DUTTA Respondents

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and order dated 27.8.1998 passed by the learned Civil Judge (Senior Division), 1st Court at Alipore in Title Appeal No. 295 of 1998 by which he affirmed the judgment and Decree dated 31st May, 1996 passed by the learned Munsif, 2nd Court, Alipore in Title Suit No. 126 of 1996. The trial Court by the said judgment dismissed the suit filed by the plaintiff.

(2.) The plaintiff filed a suit on 19.9.1988 for declaration that the plaintiff was a tenant under the defendant in respect of the suit premises along with further declaration that the notice dated 31.8.1988 sent by the defendant being vague and unfounded is not binding on the plaintiff and that the agreement for leave and licence dated 1.12.1986 was never executed between the parties. A prayer was also made for permanent injunction restraining the defendant and her men and agents from disturbing the peaceful possession of the plaintiff in the suit property.

(3.) The defendant contested the suit after filing a written statement on 3.11.1989 denying the material allegations made in the plaint and it is specifically stated that the plaintiff was a mere licensee in respect of the suit premises for a limited period. Accordingly, the prayer was made for dismissal of the suit.