NAMITA SAHA Vs. SHYAMAL KANTI SAHA

JUDGEMENT

(1.) This appeal at the instance of the plaintiffs/appellants arises out of the judgment and decree dated 15/12/2010 passed by the learned Judge IVth Bench, City Civil Court Calcutta in Title Suit No. 757 of 2007.

(2.) The parties are referred to herein as they are arrayed in the suit.

(3.) The case made out by the plaintiffs in the aforesaid suit is that their predecessor in interest Amal Kanti Saha was a monthly tenant in respect of a flat comprising of three bedrooms, a kitchen and one bath-privy on the first floor of premises No. 437/B, Rabindra Sarani within P.S. - Jorabagan under the landlord Tapan Kumar Biswas. After the demise of the said Amal Kanti Saha, his wife and son who are the plaintiffs in the suit along with his daughter inherited the said tenancy. It is the further contention of the plaintiffs that during the lifetime of Amal Kanti Saha, the defendant being his brother was permitted to reside in the suit premises which is one room in the said flat as a licensee without any license fee. During the continuance of the tenancy the plaintiffs purchased the aforesaid flat from Tapan Kumar Biswas by a registered deed of conveyance dated 28/02/2005. According to the plaintiffs, the defendant's licence in respect of the suit premises has been revoked by a notice dated 26/02/2007 which was sent to him by registered post with acknowledgement due. In spite of receiving the said notice, defendant failed to vacate the suit premises. Plaintiffs therefore filed the above mentioned suit for declaration and recovery of possession.