BRIJ RAJ PANDEY Vs. PADMABATI DASS

JUDGEMENT

(1.) THIS first appeal is at the instance of a defendant in a suit for permanent injunction and recovery of possession and this appeal is preferred against the judgment and decree dated 25th November, 2005 passed by the learned Judge, 11th Bench, City Civil Court at Calcutta in Title Suit No. 2038 of 1983 thereby passing a decree for Khas possession by evicting the appellant from the suit property.

(2.) THE case made out by the plaintiff-respondent may be summed up thus:

(3.) THE learned Trial Judge on consideration of the materials on record came to the conclusion that the respondents had acquired right, title and interest over the property by virtue of their purchase and that the appellant had no right in the property and his defence of tenancy was disbelieved. The learned Trial Judge, thus, decreed the suit by granting a decree for recovery of possession against the appellant.