BHAGARAM SHAW Vs. NIHAR BALA MANNA

JUDGEMENT

(1.) This is an appeal against the judgment and decree of the learned Judge, 13th Bench of the City Civil Court at Calcutta, dated 29 August, 2001 passed in Title Suit No. 1531 of 1989. The learned Judge after the trial of the above suit held that the plaintiffs in the said suit, namely the respondents herein, were legally entitled to get the decree for eviction against the defendant, namely the appellant herein from the suit premises and as such decreed the suit in favour of the plaintiffs/respondents by directing the appellant to vacate the suit premises within a specified time failing which the plaintiffs/respondents were 'entitled to have the decree executed".

(2.) The case of the original plaintiff, Prafulla Manna, since deceased namely the late husband of the first respondent in this appeal and the father of the second, third, fourth, fifth and the sixth respondents herein, was that he became the owner of the holding No. B/162/1/H/32, Bipin Bihari Ganguly Street, Calcutta, as he, on 15th November, 1978, purchased the structure of the said premises consisting of three rooms, one kitchen with a common passage from one M/s. Friends Union Tailor Pvt. Ltd. Bandhab Bastralaya.

(3.) According to the plaintiff the defendant, namely the appellant herein, Bhagaram Shaw was a man of one Sri Rathin Bose who was one of the directors of the said M/s. Friends Union Tailors Pvt. Ltd. Bandhab Bastralaya and with the permission of the said director he started residing in one of the said rooms (room No.3) of the said premises.