SATYENDRA NATH BASU ROY Vs. MONOJ BISWAS

JUDGEMENT

(1.) This Court has heard the learned Advocates for the respective parties and has also considered the materials on record.

(2.) The facts of the case, briefly, are as follows:

(3.) The said suit was contested by the defendant/respondent by filing written statement/additional written statement. It appears that the defendant did not dispute the fact that the plaintiff is a lessee under the Government of West Bengal in respect of the said land. The defendant's case was that the Government of West Bengal had issued a notice to the effect that the plot holders in the Salt Lake city who did not construct buildings on their respective plots and kept the same vacant would be liable to return back the said plots to the Government of West Bengal for re-allotment to other persons. The defendant alleged that the plaintiff at that point of time was keeping the said plot vacant and did not have the necessary funds to make the construction and finding no other alternative the plaintiff who is the own maternal uncle of the defendant offered the defendant and his wife for construction of a building at the cost of the defendant and it was allegedly agreed that the defendant and his wife will construct the said one storied building at their own cost and will reside therein permanently generation after generation. The defendant also alleged that the parties had agreed that the plaintiff will never evict the defendant from the entire ground floor including mezzanine floor. The defendant also alleged that there would be a construction of one garage for the defendant and one space for garage would be kept vacant where the plaintiff or his son may construct his garage, if necessary, in future. The defendant further alleged that it was also agreed by and between the parties that the son of the plaintiff would be entitled to make construction of another floor at his own cost and will stay on such floor, that is, first floor without disturbing the defendant. The defendant alleged that the defendant and his wife constructed one storied building including mezzanine floor by spending about Rs. 9,00,000/- (Rupees Nine Lakhs). The defendant's case was that in view of the aforesaid agreement between the parties the defendant and his wife constructed the one storied building on the said land at their own cost and thereafter the defendant with his wife are living in the said house. The defendant denied the material allegations made in the plaint.