SHIVANI PROPERTIES PRIVATE LIMITED Vs. RAJEEV LOCHAN

JUDGEMENT

(1.) This is a suit praying for a decree for eviction of defendant from the suit premises and for khas possession as also for a decree of mesne profit. The plaint case is as follows :-

(2.) The plaintiff as a private limited company (hereinafter referred to as the "said company") is the landlord and owner of the suit premises which was purchased by it under a registered deed of conveyance dated 24th January, 1994 from one Smt. Dipali Mallik and the said Dipali Mallik, by three letters dated 24th January, 1994, duly attorned tenancy in respect of the shops. The said letter was duly received by Smt. Sumitra Devi Poddar and the same was acknowledged by her. Sometime in May, 2013, it came to the knowledge of the plaintiff that the said Sumitra Devi Poddar left the suit premises permanently and was not enjoying the same in any manner whatsoever. The defendant was possessing the said three rooms illegally and was liable to be evicted. There is no legal and/or contractual relationship between the plaintiff and the defendant. Defendant is in occupation of the suit premises without consent or approval of the plaintiff and, therefore, the possession of the defendant is the possession of a trespasser. The defendant is also not a tenant within the meaning of Section 2(g) of the West Bengal Premises Tenancy Act, 1997.

(3.) Further, the defendant is in illegal occupation of a privy at the ground floor at the main gate of the said premises which comprised approximately of 20 sq. ft. which is demarcated in blue in the sketch plan annexed to the plaint and marked with the letter 'B' and described in Schedule 'Z'.