NARENDU BIKASH CHOUDHURY Vs. JYOTISH CHANDRA DUTTA

JUDGEMENT

(1.) The Plaintiff, Jyotish Chandra Dutta, filed two ejectment suits-Ejectment Suit No. 1274 of 1977 and Ejectment suit No. 509 of 1978, against the two tenants, Samarketu Barua and Narendu Bikash Choudhury, in respect of two portions of the same premises No. 5/1, GourDe Lane. The Ejectment Suit No. 1274 of 1977 has been decreed in entirety, with respect to the other suit, namely. Suit No. 509 of 1978, the learned Judge, City Civil Court 2nd Bench, gave a part decree. With regard to the subject-matter of suit No. 509 of 1978, the plaintiff was given a liberty to recover khas possession of the living room, measuring 17' x 10' on the first floor on the northern side of the building in the occupation of the defendant. Thus, a decree for partial eviction was granted in suit No. 509 of 1978. The learned court below had disposed of both the suits by a common judgment.

(2.) There is no appeal against the decree in ejectment suit No. 1274 of 1977. Such being the position, we are not called upon to enter into the facts of that case.

(3.) As regards Ejectment Suit No. 509 of 1978, in respect of which a decree for partial eviction has been passed, the defendant/tenant, Narendu Bikash Choudhury, has preferred appeal. The plaintiff/respondent has also filed cross-objection.