NAGENDRA NATH MITRA Vs. BALDEOJI THAKUR

JUDGEMENT

(1.) This appeal is on behalf of the deft. & arises out of a suit for ejectment of the deft. from the disputed property namely premises No. 7, Cornfield Road, Ballygunge, on a declaration that the deft, is a licensee in respect thereof & that the license has been terminated by notice. There is a prayer for a permanent injunction restraining the deft, from entering the premises.

(2.) The plff. in the suit was described as Sree Sree Baldeoji Thakur, represented by his next friend Shebait Sreemat Goswami Sree Sree-Krishna Raiji Maharaj. The plff's. allegation was that the deity Baldeoji Thakur was located in premises No. 20, Banstala Street along with other deities; that the Shebait of the deity was Krishna Raiji; that the deft, was permitted to occupy the disputed premises and that the licence has been determined by a notice to quit.

(3.) The defence of the deft, was that there is no deity by the name of Baldeoji; that the disputed. premises is held by the deft, as shebait of the deity Shiva Thakur; that the plaint was not properly signed & verfied & that the suit was not maintainable. On these pleadings, several issues were raised which are to be found on p. 3 of the paper book.