LAWS(CAL)-2017-3-107

CENTRAL ARYA ROAD TRANSPORT Vs. SAROJ THAKKAR

Decided On March 23, 2017
Central Arya Road Transport Appellant
V/S
Saroj Thakkar Respondents

JUDGEMENT

(1.) This First Appeal is directed against the judgement and order dated 18th Aug., 2010 passed by the learned Civil Judge (Senior Division), 6th Court at Alipore in Title Suit No. 57 of 2008 at the instance of the defendant/appellant.

(2.) By the said decree, the plaintiffs' prayer for recovery of khas possession of the suit premises from the defendant was allowed. The defendant was directed to quit, vacate and deliver the khas possession of the suit property in favour of the plaintiffs within 90 days from the date of the decree in default, the plaintiffs were given liberty to get the decree executed through due process of law.

(3.) Let us now consider as to whether the learned Court below was justified in passing the said decree in the facts of the present case.