ANJALI SAHA Vs. AJIT KUMAR DATTA

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 7th August, 1998 passed by the learned Additional District Judge, 2nd Court at Siliguri in O.C. Appeal No.12 of 1997 reversing the judgment and decree dated 16th June, 1997 passed by the learned Civil Judge (Junior Division), Siliguri, in O.C. Suit No.86 of 1991.

(2.) The plaintiff in such a suit is the appellant before this Court in this appeal.

(3.) The plaintiff/appellant filed a suit for declaration of her tenancy right in respect of the suit property with a further declaration that the plaintiff/ appellant cannot be evicted from the suit property without due process of law. A decree for perpetual injunction was also prayed for against the defendant/respondent for restraining him from entering into the suit property during the continuation of the tenancy of the plaintiff/appellant and also for restraining the defendant from disturbing the continuity of the business of the plaintiff in the suit premises.