RANJIT DUTTA Vs. JATINDRA MOHAN SEN.

JUDGEMENT

(1.) At the very outset this Court must record that the court of appeal below has elaborately discussed the various judgments cited before him in addressing the core issue involved in the case, which is a deciding factor.

(2.) An application for amendment of the plaint and an application to adduce additional evidence filed before the appellate court are allowed. It is specifically observed by the court of appeal below that the amendment is aimed to prove the title over the suit property and an additional evidence becomes necessitated to prove the deed of title, which subsequently came to the knowledge of the plaintiff/opposite party.

(3.) The plaintiff/opposite party filed a suit for recovery of possession upon revocation of licence. It is alleged in the plaint that the father of the plaintiff/opposite party purchased the said property by registered deed of sale and since then he was occupying therein. Upon death of the father, the plaintiff/opposite party being the son inherited the estate left by him and became the owner thereof. The defendant/petitioner is a son of his paternal aunt and was permitted to live in the said house on an assurance that the possession would be given back. Since the plaintiff's family grew by passage of time and more accommodation is required, the defendant was requested to vacate the premises and upon his refusal, the plaintiff was compelled to filed the said suit.