DR. DILIP KUMAR MONDAL Vs. SAKTI DHAR MONDAL

JUDGEMENT

(1.) The appeal is directed against a decree for eviction.

(2.) The parties are brothers and there is a history to the matter which may not be relevant from the legal point of view but must be recounted to make the story complete. One Sailendra Nath Mondal was a tenant in respect of a Burabazer property under a Devi Prosad Poddar prior to 1955. In 1955 Poddar instituted a suit for eviction against the said Mondal and the suit was decreed on January 21, 1959. In July, 1960 the first appeal was dismissed and the second appeal lingered in this court till or about the year 1991. In between, the original tenant died in the 1980 and the original landlord died in or about 1990.

(3.) One of the heirs of the original tenant, Ashok Poddar, divided the property originally at 196, Maharshi Debendra Road and sold it to several transferees, including a portion to the respondent herein. It is not in dispute that the appellant was in possession of a room in a part of the property sold by Ashok Poddar to the respondent pursuant to a deed of conveyance of October, 1996.