ALOK KUMAR DUTT Vs. SUSANTA KUMAR DEY

JUDGEMENT

(1.) The challenge in this appeal is to judgment and decree in Title Suit No.2179 of 1999 passed by the City Civil Court, Calcutta on 29th May, 2009. The suit filed by the appellant/plaintiff has been dismissed.

(2.) The brief facts relating to the present case are as follows:

(3.) The trust deed provided that the respondent/defendant Susanta De, the son of Molina (Ashutosh Law's elder daughter) and the members of his family would be permitted to enjoy four rooms in the property, viz., one room on the ground floor, two rooms on the first floor and one room on the second floor of the inner portion of the trust property, besides being permitted the joint use of other parts of the trust property which they were enjoying when the trust deed was executed. The settlors' desire was that Susanta De and the members of his family should reside in the premises, without payment of any rent or occupation charges or corporation taxes. However they were required to pay 1/3rd of the electricity charges and costs of repairs and maintenance of the portion of the trust property in their use and possession. The deed further stipulated that they would be permitted to reside in the premises that they were occupying and to enjoy the same so long as they desired to live in the trust property. However, it was expressly mentioned in the trust deed that Susanta De and the members of his family would not be entitled to make additions or alterations in the area in their occupation without the written consent of the trustees. They were specifically debarred from inducting the relatives of either Susanta De or the members of his family in the part of the trust property occupied by them. In the event Susanta De or the members of his family wished to reside elsewhere they were expected to deliver vacant and peaceful possession of the trust property.