LAWS(CAL)-2025-5-9

SHIB RAJ ROY Vs. TAPASI DAS

Decided On May 19, 2025
Shib Raj Roy Appellant
V/S
TAPASI DAS Respondents

JUDGEMENT

(1.) The two appeals at the behest of the plaintiffs in the original Title Suit are in assailment of a common judgment and decree dated April 26, 2024 passed by learned 2nd Additional District Judge, Sealdeh in Title Appeal No. 7 of 2023 and Title Appeal No. 8 of 2023 arising out of judgment and decree passed by learned 2nd Civil Judge (Junior Division), Sealdeh, in Title Suit No. 172 of 2009.

(2.) The appeals are taken up together for disposal as the same emanate out of a common judgment. S.A. No 91 of 2024 is an appeal against judgment and decree passed in Title Appeal No. 7 of 2023 whereas S.A. No. 92 of 2024 has arisen out of judgment and decree passed in Title Appeal No. 8 of 2023.

(3.) The facts giving rise to the instant litigation, in a nutshell, is that the appellants/plaintiffs filed the original Title Suit No. 172 of 2009 against the respondent/defendant seeking declaration of their tenancy rights together with ancillary reliefs. According to the case made out by the plaintiffs/appellant herein, their father and predecessor in interest namely Daroga Prasad Roy was a monthly tenant under one Muktaram Roja and others in respect of 'A'-Schedule properties since 1962. It was contended that the constructions over the said properties were carried out by the tenant at his own cost with the consent of the owner/landlord. Later on, the said Muktaram Roja and others transferred the 'A'- Schedule properties in favor of the proforma defendant in the Title Suit namely Chandan Kumar Chowdhury. After such transfer, the tenant, Daroga Prasad Roy started tendering monthly rent for the A-schedule properties to Chandan Kumar Chowdhury at the existing rate of ?70/ - per month according to English calendar.