BISWANATH DAS Vs. DEBIPROSAD PAUL

JUDGEMENT

(1.) Title Suits Nos. 252 of 1963 and 121 of 1964 were tried together. In the earlier Suit No. 252, the plaintiff's allegation is that the premises No. 601, Diamond Harbour Road, belonged to Debiprosad Paul and Umaprosad Paul, out of these 7 (seven) shop rooms located in that premises, the disputed shop room was let out to Biswanath Das (plaintiff) at a rental of Rs. 18/- per month payable according to English Calendar. The agreement was that the tenancy would commence from the 1st June, 1963. The defendants accepted the rent for June in advance and a receipt was granted. On the 11th June, 1963, the plaintiff took some articles to that shop. The defendants demanded premium from him. The plaintiff declined to make such payment. The police was falsely informed that he had stored his belongings in the room in question. The suit is for a declaration that the plaintiff is a tenant in respect of the disputed land under the defendants and for an injunction.

(2.) The defendants filed a written statement alleging inter alia that the plaintiff's case was absolutely false. No settlement was granted to the plaintiff, who was a trespasser.

(3.) In the latter Title Suit No. 121, Biswanath (plaintiff of Title Suit No. 252) is the sole defendant. Debiprosad and Umaprosad (two defendants of that earlier suit) are the sole plaintiffs. They alleged that on the 11th June, 1963, the defendant along with others forcibly broke open the lock and occupied the disputed room in their absence. They initiated a criminal proceeding against the defendant. Thus, the latter filed the false Title Suit No. 252 of 1963 for declaration of his tenancy right. So, the plaintiff prayed for ejectment. Subsequently, the plaint was amended and a prayer for declaration of title added.