AMIT SEN Vs. ASISH ROY

JUDGEMENT

(1.) Being aggrieved by and dissatisfied with the judgment and decree of eviction of premises tenant, dtd. 30/8/2006 passed by learned 3rd Additional Civil Judge (Junior Division), Alipore in Title Suit no. 1 of 2005, the opposite parties herein preferred Title Appeal no. 23 of 2007 before learned Civil judge (Senior Division) 5th court, Alipore, who by the impugned judgment and decree dated January, 14, 2009 has allowed the appeal on contest, thereby set aside the judgment and decree passed by the trial court.

(2.) The brief background of the suit for eviction is that plaintiff/appellant herein claiming themselves as sole land lords filed the aforesaid ejectment suit against the defendants/respondents herein, on the ground of reasonable requirement. Plaint case is that the original owner, who is the predecessor of the plaintiff, Sri Manmatha Nath Sen during his lifetime executed a trust deed on 30/1/1956. Said settlor of the trust named his wife Smt. Pramila Bala Sen as the trustee and clause 7 of the said trust deed states that Rs.100.00 would be drawn by the said trustee Pramila Bala towards her monthly maintenance from the income of the trust properties. She was also given the right to act as a trustee to collect rent and to induct tenants in the trust property. The distribution of other portion of the income from the trust property has also been mentioned in the trust deed. As per clause 13 and 14 of the trust deed, the trust would come to an end with the death of Smt. Pramila Bala and with the death of trustee, the trust properties will be vested upon his five sons as follows:

(3.) Further plaint case is by the said trust deed, the predecessor of the present appellant Bibhuti Bhusan Sen after demise of his mother Pramila Bala became absolute owner of the suit premises namely 27 B Chakraberia Road, where the respondents herein were inducted as tenant and against whom the plaintiff filed the aforesaid eviction suit.