RATANSHI DEVJIPATEL Vs. RIGOPAL BEGAL

JUDGEMENT

(1.) This first appeal is at the instance of the defendants in a suit for eviction and is directed against the judgment and decree dated 19th December, 1997 passed by the learned Civil Judge, Senior Division, 10th Court, Alipore in Title Suit No. 79 of 1981.

(2.) The respondent filed a suit being Title Suit No. 79 of 1981 in the 10th Court of Subordinate Judge at Alipore thereby praying for recovery of possession of the suit property along with machineries mentioned in the plaint and also for recovery of arrears of money due and payable by the defendants to the plaintiff towards rent by virtue of agreement dated 3rd November, 1970 between the plaintiff and the defendants and the case made out by the plaintiff- respondent may be summarised thus:

(3.) The suit is contested by the defendant No. 1 by filing written statement thereby denying the material allegations made in the plaint and his defence may be epitomised thus: