KRISHNA BHATTACHARJEE Vs. GOUTAM BOSS

JUDGEMENT

(1.) THIS second appeal has been preferred against the judgment and decree dated 4. 8. 2004 and 10. 8. 2004 respectively passed in Title Appeal No. 45 of 1999 by the learned Additional District Judge, Fast Track Court No. Ill, Sealdah, whereby he affirmed the judgment and decree passed by the learned 2nd court, Civil Judge (Junior Division), Sealdah in Title Suit No. 381 of 1991.

(2.) THE fact leading to this second appeal is that the erstwhile plaintiff nirapada Bose filed Title Suit No. 381 of 1991 claiming therein that the appellant/defendant was a tenant under him in respect of the suit premises. As the defendant/tenant defaulted in paying the rent and as the plaintiff reasonably required the suit premises for his own use and occupation and also as the defendant/tenant was guilty of sub-letting the suit premises, so the plaintiff served a notice upon the defendant/tenant asking him to vacate the suit premises. In spite of receipt of the said notice, as the defendant/ tenant did not vacate the suit premises, so the plaintiff filed the suit praying for eviction of the defendant/tenant and also for recovery of khas possession.

(3.) THE defendant/tenant contested the suit by filing written statement, wherein he denied the allegations of the plaintiff on the material points. On the basis of the pleadings of the parties, learned Trial Court framed several issues and on perusal of the evidence of the parties and the available documents, he was pleased to pass decree in favour of the plaintiff and directed the eviction of the defendant/tenant from the suit premises. Against the said judgment of the learned Trial Court, the defendant/tenant preferred an appeal before the learned First Appellate Court, who also, by his impugned judgment, was pleased to confirm the decision of the learned Trial Court. Being aggrieved by and dissatisfied with the said decision of the learned first Appellate Court, this second appeal has been preferred by the defendant/ tenant/appellant.