KRISHNA SINGH Vs. SANJIB NANDI

JUDGEMENT

(1.) This second appeal has been preferred by the defendant/appellant challenging the judgment and decree dated September 10, 2009 passed by learned Additional District Judge, 1st Court, Siliguri. By the impugned judgment court below has affirmed the judgment and decree dtd. 29/3/2007, passed by learned Civil Judge (Junior Division) Siliguri, in Title Suit No. 184 of 2002.

(2.) Plaint case is that plaintiff purchased the suit property on 13/11/1997 from the erstwhile owner Ramdev Koiri and Paramananda Koiri by a registered deed and since purchase, plaintiff has been possessing the suit property by mutating his name with the municipality. Further case of the plaintiff is that he purchased the suit property with several dilapidated structure and for the purpose of security of his ration shop he gave permissive possession of three rooms to the defendant without any licence fee and permission was given till dismantling the dilapidated structure and making new construction therein. The plaintiff requested the defendant to leave and vacate the suit premises described in schedule 'B' to the plaint which was not complied by the defendant and for which he cancelled the licence in the month of September 2002. It is further alleged in the plaint that the defendant has engaged some labours on 24/9/2012 to change the nature and character of the 'B' schedule property but due to strong opposition defendant was somehow resisted. Even after termination of licence, defendant has not yet vacated the licensed rooms and is occupying the suit property as trespasser. In the above backdrop plaintiff inter alia prayed for eviction of the defendant from the suit property.

(3.) Defendant/appellant contested the suit by filing Written Statement denying material allegations made in the plaint. Defendant specifically asserted that they along with plaintiff/respondent were enjoying respective premises as tenants under the original landlord Ramdev Koiri and Paramananda Koiri in the suit plot. Defendant's predecessor Ramchittar Singh was tenant of 'B' schedule property as monthly tenant and after his death defendants became tenant under the same landlord. Defendant's further case is that he has been enjoying the tenanted suit premises for last forty years. His original landlord used to reside somewhere in the state of Uttar Pradesh and Occasionally used to come at Siliguri to look after their different properties in Siliguri including the suit property and they used to collect the rent for several months, at a time, from their different tenants, including the defendant and accordingly issued rent receipt against realization of the rent.