LALIT MOHAN CHATTERJEE Vs. TARA PADA BHATTACHARJEE

JUDGEMENT

(1.) THIS is am appeal against the judgment and decree passed by Shri K. K. Sarkar, Additional District Judge, 11th court at Alipore in Title Appeal No. 744 of 1967 dated August 5, 1967 affirming those of Shri D. Guha, Munsif, 2nd Court, Alipore in Title Suit No. 141 of 1966 dated March 29, 1967.

(2.) THE plaintiff is the appellant in this Court. The plaintiff brought a suit for ejectment on the ground of default. The defendant by an application under section 17 (2) of the West Bengal Premises Tenancy Act raised a dispute that there was no relationship of landlord and tenant between the plaintiff and the defendant. The learned Munsif disposed of the said issue by order No. 57 dated 29. 3. 67 and found that there was no relationship of landlord and tenant between the parties and in that view of his finding the learned Munsif dismissed the suit. Being aggrieved, the plaintiff preferred an appeal before the learned District Judge. The appeal was heard by the learned Additional District Judge who affirmed the findings of the learned Munsif. Being aggrieved, the plaintiff has come to this Court.

(3.) MR. Manindra Nath Ghosh, learned advocate appearing on behalf of the appellant, has contended that both the courts below were wrong to hold that there was no relationship of landlord and tenant and also wrong to hold that the plaintiff could not prove title in respect of the suit property. Mr. Ghosh submits that there is enough material to show that the plaintiff could prove his title. As regards the relationship of landlord and tenant, Mr. Ghosh contends that both the courts below were wrong to find that the decree in S. C. C. Suit obtained by the plaintiff against the defendant for arrears of rent, did not establish the relationship of landlord and tenant. The courts below wrongly found that the decision in the S. C. C. Court is not resjudicata in the present suit.