KAMAL SINGH Vs. PUSHPA DEVI GUPTA

JUDGEMENT

(1.) The instant application under Article 227 of the constitution of India is directed against a judgment and decree dated August 30, 2011 passed by the learned Judge XIth Bench, City Civil Court at Calcutta in Title Suit No. 705 of 2006.

(2.) The petitioner filed a suit under Section 6 of the Specific Relief Act for recovery of possession of a room. The case made out by the petitioner in the plaint of the said suit in a nutshell runs thus:

(3.) The original defendant namely Biswanath Gupta was contesting the suit by filing a written statement denying the allegations contained in the plaint. It was specifically denied in the said written statement that the proforma defendant was/is a tenant in respect of the suit room. It was specifically contended therein that the proforma defendant was a driver and was working for a limited period under the defendant. He was given accommodation of the suit room for discharging his duties as a driver purely on leave and license basis and the said license was revoked by the defendant. It was further contended therein that the plaintiff was residing with his uncle who happens to be a tenant under the defendant. The plaintiff in collusion with the proforma defendant tried to occupy the room forcibly but due to resistances of the defendant the plaintiff failed to occupy the same.