SUNIL CHOWDHURY Vs. ARUP KUMAR GHOSH

JUDGEMENT

(1.) This first appeal is at the instance of a defendant in a suit for declaration, permanent injunction and recovery of possession and is preferred against the Judgment and Decree dated 25th June 2003 passed by the learned Judge, 11th Bench, City Civil Court at Calcutta in Title Suit No. 1616 of 1999 thereby passing a decree of declaration that the defendant therein was a licensee in respect of the suit property and permanent injunction restraining him from running any coaching centre in the suit room or from using the suit room for business purpose. The learned trial Judge further passed a decree for Khas possession in favour of the plaintiff by evicting the defendant.

(2.) The respondent filed the aforesaid suit being Title Suit No. 1616 of 1999 thereby praying for declaration that the appellant was a licensee in respect of the suit premises and his licence had been duly revoked and that he was not entitled to use the said room for running coaching centre or for any business purpose with a prayer for permanent injunction restraining the appellant from running coaching centre in the suit room or using the property for any business purpose or from handing over the same to any third party. The respondent further prayed for recovery of Khas possession of the suit property by evicting the appellant therefrom.

(3.) The case made out by the plaintiff may be summarised thus :