RAJIBMOY SENGUPTA Vs. SEN MAHASAY

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree dated 5th February, 1997 passed by the learned Additional District Judge, 14th Court at Alipore in Title Appeal No. 250 of 1994 affirming the judgment and decree dated 11th July, 1994 passed by the learned Assistant District judge, 10th Court at Alipore in Title Suit No. 53 of 1992, at the instance of the plaintiff/appellant.

(2.) The plaintiff/appellant filed a suit for recovery of khas possession of the suit premises from the defendant/respondent herein on revocation of licence. Several other incidental reliefs were also claimed by the plaintiff/appellant against the said defendant/respondent of the said suit.

(3.) The defendant/respondent contested the said suit by filing written statement denying the material allegations made out by the plaintiff in the plaint. The defendant/respondent claimed that the said defendant is a premises tenant under the plaintiff and the said tenancy was created by a registered lease deed dated 31st January, 1969 executed by the parties, for a period of twenty-one year commencing from 31st January, 1969 and ending with 31st December, 1989 with an option given to the defendant to terminate the said lease after completion of first three years of the tenancy by giving at least three months' prior notice in writing to the plaintiff (landlord). Thus, the defendant denied the claim of the plaintiff to the effect that the defendant is a licensee under the plaintiff in respect of the suit property and its license was duly revoked as alleged by the plaintiff. The defendant claimed that the defendant is still a tenant and its tenancy is governed by the West Bengal Premises Tenancy Act, 1956 and as such, the defendant cannot be evicted from the suit premises without following the due process of law.