SACHIN BERA Vs. BINA PAL

JUDGEMENT

(1.) This Appeal has been preferred challenging the Order of Remand being Order No. 42 dated 22.8.1991 passed by the learned Illrd Court of Assistant Judge, Howrah in T.A. No. 119 of 86, setting aside the judgment and decree passed by the learned Munsif in T.S. No.105 of 85.

(2.) The plaintiff made out a case in the plaint that the plaintiff is the owner of the Premises No. 24, Debendra Ganguly Road, P.S.-Shibpur and the defendant was a licencee under plaintiff with regard to a tea stall on the southern verandah particulars of which is described in the schedule to the plaint. Originally the defendant was a licencee under the plaintiff. At the time of talk of purchase the suit property, this defendant allegedly assured the plaintiff to remove the business from the suit stall. According to the plaintiff- she purchased the suit holding on 27.5.1981 and on the request of the defendant the plaintiff allowed the defendant two months time i.e. to remain there as a licencee for two months.

(3.) According to the plaintiff, the defendant did not vacate the suit premises within these two months inspite of repeated requests. The plaintiff thereafter sent notice by Registered Post with Acknowledgment Due directing the defendant to quit and vacate the suit property i.e. the tea stall within 15 days from the receipt thereof. But nothing developed and accordingly plaintiff filed this suit.