SOVA RANI PAL Vs. ASHIMA SAHA

JUDGEMENT

(1.) This appeal is at the instance of the defendant/appellant and is directed against the judgment and decree dated July 5, 2001 passed by the learned Civil Judge (Senior Division), 2nd Court, Krishnanagar in Title Appeal No.84 of 1999 thereby reversing the judgment and decree dated February 25, 1999 passed by the learned Civil Judge (Junior Division), Nabadwip in Title Suit No.225 of 1993. The plaintiff/respondent herein instituted the aforesaid suit for ejectment against the defendant/appellant on the ground, inter alia, building & re-building as well as for own use and occupation against the defendant/appellant herein in respect of the suit premises as described in the schedule to the plaint before the learned Civil Judge (Junior Division), Nabadwip.

(2.) The defendant/appellant herein is contesting the said suit by filing an appropriate written statement denying the material allegations raised in the plaint. Both the parties adduced evidence in support of their respective contentions and then upon analysis of evidence, the learned Trial Judge dismissed the suit on contests without costs against the defendant.

(3.) Being aggrieved, the plaintiff/appellant preferred an appeal being Title Appeal No.84 of 1999, which was allowed on contests without costs. Accordingly, the suit was decreed against the defendant/appellant herein. Being aggrieved by such judgment and decree of the First Appellate Court, this second appeal has been preferred by the defendant.