HARIPADA DAS Vs. ASHOK DAS

JUDGEMENT

(1.) The defendants of a suit for eviction of licensee of recovery of khas possession of the suit premises are the appellants before this Court assailing the judgment and decree passed in Title Appeal No.96 of 2008 by the Learned Civil Judge (Senior Division), First Court at Howrah.

(2.) The respondent filed Title Suit No.39 of 2003 for eviction of the appellants and recovery of khas possession of the suit premises stating, inter alia, that the appellant No.1 approached the maternal grandmother of the respondent sometimes in 1983 to allow him along with his family members to stay in the suit premises for a limited period as licensees without any licence fee. The maternal grandmother of the respondent and the parents of the respondents permitted the appellants to stay as licensees in respect of two rooms with a kitchen on the ground floor of premises No.82/7/1, Nara Singha Dutta Road, P.S. Batra within the District of Howrah. Subsequently the respondents became the absolute owner in respect of the suit premises by virtue of four separates deeds of gift executed by the erstwhile owners. The respondent no. 1 requested the appellants to quit, vacate and deliver peaceful possession of the suit premises in his favour but they refused to vacate the same. On the contrary, they illegally obtained electric connection in the suit premises without permission of the respondent. Finally, respondent no. 1 requested the appellants by a notice dated 1st January, 2003 to quit, vacate and deliver unto him vacant possession of the suit premises by 1st February, 2003. Subsequently on 14th February, 2003, the respondent sent another notice to the appellants through his authorized agent and advocate requiring the appellants to vacate the suit premises. In spite of receipt of the said notice, the appellants failed to vacate and deliver peaceful possession in favour of the respondent. So the respondent as plaintiff instituted tile suit No.39 of 2003 praying for eviction of the appellants in the 7th Court of the Learned Civil Judge (Junior Division) at Howrah.

(3.) The defendants/appellants contested the suit by filing written statement wherein they denied all material allegations made out by the plaintiff/respondent against them. Specific case of the defendants/appellants is that the appellant No.1 is monthly tenant one Shankari Das and others in respect of the suit premises at a rental of Rs.70 payable according to English Calendar Month. Since the landlords refused to accept rent from the defendant/appellant No.1, he was depositing rent in the office of the Rent Controller. It is further pleaded by the defendants/appellants that the said Shankari Das, one of the erstwhile owners of the suit premises accepted appellant No.1 as a tenant in respect of the suit premises by notice dated 21st November, 1995 and claimed proportionate rent from him. Since the appellant No.1 claimed himself to be a tenant in respect of the suit premises under the predecessor-in-interest of the present respondent, he is not liable to be evicted.