MINAKSHI DAS Vs. DEEP RANJAN DAS AND OTHERS

JUDGEMENT

(1.) The present legal battle is primarily between a mother and a son, both of whom are tenants in respect of the suit premises. The plaintiff/opposite party no. 1 filed a suit alleging that the predecessor-in-interest of the plaintiff and the present petitioner, being one Phonindra (since deceased), was the original tenant in respect of the suit premises. After his death on February 6, 2002, his only son, being the opposite party no. 1, and widow, being the present petitioner, inherited the tenancy. The opposite party no. 1 contends that the petitioner has been running a sweetmeat shop, under the trade name Netaji Mistanna Bhandar, as a sole proprietorship business from the suit premises. It is claimed by the petitioner that originally one Nagendra Nath Das was the tenant and used to run the said business. After his demise on September 11, 1989, Phonindra inherited the tenancy right and continued to carry on the business in the capacity of the heir of Nagendra Nath. Upon the death of Phonindra on February 6, 2002, the plaintiff/opposite party no. 1 and the petitioner became joint tenants in respect of the suit property.

(2.) Subsequently the landlords of the suit premises filed a suit for eviction against the plaintiff and the defendant no. 1 (present petitioner) and, as per the plaint case, the said joint tenants surrendered 600 square feet out of the tenanted premises, comprised in shop nos. 6 and 10, in favour of the landlords by executing a letter of surrender dated April 28, 2016. Thereafter the plaintiff learnt that the defendant no. 1/petitioner had entered into a partnership agreement with the defendant nos. 2 and 3, who had started renovation work at the suit premises. The aforesaid developments took place behind the back, and without the consent of, the plaintiff/opposite party no. 1.

(3.) On such premise, the plaintiff instituted a suit, bearing Title Suit No. 2868 of 2016, in the Eighth Court of Civil Judge (Senior Division) at Alipore for the following reliefs: