KRISHNA PRASAD Vs. SUMATI SARDAR & ORS

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree passed by the learned Additional District Judge, 1st Court, Alipore on 29th June, 2016 in Title Appeal No. 147 of 2011 affirming the judgement and decree dated 28th February, 2011 passed by the learned Civil Judge (Junior Division), 4th Court, Alipore in Title Suit No. 297 of 1995 at the instance of the defendant/appellant.

(2.) Let us now consider the merit of the appeal to find out as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure or not.

(3.) The plaintiffs filed a suit for eviction against the defendant/appellant on revocation of his licence as the defendant/appellant did not vacate the suit premises even after his licence was revoked. The defendant/appellant contested the said suit by filing written statement claiming his tenancy right in respect of the suit property. The defendant claimed that he is a tenant in respect of the suit premises under the plaintiffs. It is also alleged by him that he used to pay rent regularly to the plaintiffs, but no rent receipt was granted to him. It is also stated by him that grant of rent receipt was not insisted upon as there was cordial relationship between the parties. The defendant/appellant, thus, prayed for dismissal of the said suit.