(1.) This first appeal is at the instance of a plaintiff in a suit for recovery of possession and is directed against the judgment and decree dated 21st December, 1998 passed by the learned Civil Judge, Senior Division, 9th Court, Alipore in Title Suit No.42 of 1996 thereby dismissing the said suit.
(2.) The appellant herein filed the aforesaid suit for recovery of possession of the suit premises from the respondent herein by describing him as a trespasser and also for mesne profit and the case made out by the appellant may be summed up thus:
(3.) The defendant contested the aforesaid suit by filing written statement thereby denying the material allegations made in the plaint and the defence of the respondent may be summarised thus: