TAPAN MAHANTA Vs. NAGJYOTI PASWAN

JUDGEMENT

(1.) This Second Appeal has been preferred against the judgment and decree dtd. 13/7/2012 by learned Civil Judge (Senior Division), Raiganj, Uttar Dinajpur in Title Appeal no. 12 of 2011. By the aforesaid impugned judgment learned Court below has affirmed the judgment and decree passed by learned Civil Judge (Junior Division), Raiganj in O.C. Suit No. 197 of 2008.

(2.) The appellant herein as plaintiff filed aforesaid suit for eviction against the respondent/defendant praying for decree for declaration as to his ownership in the suit property and also for recovery of kash possession by evicting the respondent herein from the suit property, upon revocation of permissive possession and for other reliefs.

(3.) Plaintiff's case in a nutshell is that he is owner of 99 decimal of land by virtue of purchase through a registered Deed of Sale being no. 58 dtd. 31/12/2007 from one Tafar Mahammad who handed over khas possession and he remained in possession since purchase. The respondent no. 1/defendant no. 1 requested the plaintiff on 20/1/2008 for permitting him to reside on the suit land on condition that as and when the suit property will be required for the plaintiff/appellant, the respondent will quit and vacate the suit property. Considering the fact that she was working as a labour of a brick field and since she was in actual necessity of shelter, she was permitted by the appellant herein for erecting dwelling house in the suit property and the respondent no. 1 herein erected a temporary structure therein. Further case of the plaintiff is that the respondent nos. 2 and 3 are the son-in-law and daughter of respondent no. 1. The appellant on several occasions had requested the respondent no. 1 to quit and vacate the suit premises in favour of the appellant but the respondent no. 1 intentionally delayed to quit the same and on 15/9/2000 the respondent no. 1 flatly refused to quit and vacate the suit property, which compelled the plaintiff to file the said suit.