TAPAS GUHA Vs. ANGURBALA DAS

JUDGEMENT

(1.) THE plaintiff/opposite party (decree holder) filed a suit for eviction against the defendants/petitioners (judgment-debtor) from the suit property on various grounds under the West Bengal Premises Tenancy Act, 1956 including the ground of reasonable requirement of the plaintiff/opposite party. In the schedule of the plaint the suit property was described as follows:-

(2.) THE defendants contested the said suit by filing written statement denying the allegations made out by the plaintiff in his plaint. Though the defendants did not challenge the plaintiff's title in the suit property and/or the existence of relationship of the landlord and tenant between the parties in respect of the suit property but, still then, they alleged that the suit property has not been correctly defined in the schedule of the plaint. Though they claimed that the suit property has not been correctly defined in the schedule of the plaint but, still then, neither they specified the error in such description nor they disclosed the correct description, of their tenancy in their written statement.

(3.) SINCE no dispute with regard to identity of suit property was raised specifically in details, no issue was framed on the said dispute in the suit.