(1.) The instant second appeal is at the instance of the defendants in a suit for eviction of licensees and other consequential reliefs being Title Suit No. 50 of 2010 and is directed against the appellate decree dated November 30, 2012 passed by learned Additional District Judge, Fast Track(I) Islampur, District- Uttar Dinajpur in Title Appeal No. 12 of 2012 thereby reversing the decree dated April 30, 2012 passed by the learned Civil Judge (Senior Division) Islampur in the aforementioned suit.
(2.) The second appeal was admitted under Order XLI Rule 11 of the Code of Civil Procedure to answer the following two substantial questions of law:-
(3.) The facts relevant to answer the aforesaid substantial questions of law are thus, the plaintiff (since deceased) was the elder brother of the defendant (since deceased). The plaintiff alleged that he, out of his own funds, by a registered deed of conveyance dated March 09, 1960 had purchased a piece of land at Islampur, District-Uttar Dinajpur (hereinafter referred to as the 'suit land' in short) and had constructed a two storied pucca building thereon described in the schedule 'A' appended to the plaint of the suit. The plaintiff has further alleged that he had allowed his younger brother and his family members to occupy the first floor of the said two storied building described in the schedule 'B' appended to the plaint of the suit as licensees under him. The said license though was revoked by a notice dated March 24, 2010, but the licensees refused to quit and vacate the Schedule B property, hence the suit.
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