LAWS(CAL)-2008-7-96

MIR MOHAMMAD ALI Vs. SAIRUNESSA

Decided On July 08, 2008
MIR MOHAMMAD ALI Appellant
V/S
SAIRUNCSSA Respondents

JUDGEMENT

(1.) THESE two first appeals were heard together as those appeals are preferred against a common judgment dated 28th february, 1978 passed by the learned Judge, 11th Bench, City Civil Court at Calcutta in Ejectment Suit Nos. 253 and 254 of 1970 by which those two suits were decreed by passing a decree for eviction in respect of two different tenancies held by the appellants.

(2.) BEING disatisfied, these two first appeals have been preferred. There is no dispute that the original defendant was a bharatiya under the original plaintiff who was admittedly a thika tenant. The original plaintiff filed the aforesaid two suits for eviction of the original defendant on various grounds provided under the West Bengal Premises Tenancy Act.

(3.) THE suit was contested by the original defendant by filing written statement thereby denying the material allegations made in the plaint.