RAMA BISWAS Vs. INDRA MOHAN BISWAS

JUDGEMENT

(1.) The following substantial question of law was formulated at the time of admission of the appeal for hearing under Order XLI Rule 11 of the Code of Civil Procedure:-

(2.) Sushil Biswas, since deceased and Indra Mohan Biswas were two full brothers. Sushil was the absolute owner of premises in suit situated at Shyam Sundar Pally Main Road, Sakuntala Park, P.S.Behala. He used to run a sweet meat shop in two rooms situated on the said premises under the name and style of "Biswas Sweets". His brother Indra Mohan Biswas was a tailor working in a garment factory at New Alipore. Indra Mohan suffered massive heart attack sometimes in 1993 and was unable to carry on his job as a tailor. Out of compassion the elder brother Sushil advised him to start a business of stationery and grocery items in one room of the premises in suit. Indra Mohan acceded to such advice of his elder brother and started a business in the room sometimes in 1993. Sushil subsequently went to vessel as he was employed in Merchant Navy. He returned to Kolkata in 2000 and found that one Goutam Biswas, son of Indra Mohan Biswas was carrying on business in the said room.

(3.) Indra Mohan was requested to quit, vacate and deliver up peaceful possession of the said room in favour of Sushil but he failed. So, Sushil Biswas as plaintiffs filed a suit for eviction against his brother Indra Mohan Biswas on revocation of licence which was granted by the plaintiff to the defendant sometimes in September, 1993. The defendant contested the suit by filing written statement denying all material allegations made out by the plaintiff. It was specifically pleaded that not the defendant but his son Goutam Biswas has been occupying the suit shop room as a tenant under one Rita Biswas, since deceased, first wife of the plaintiff. After the death of said Rita Biswas the son of the defendant became tenant in respect of the said suit shop room. There is no relationship of licensor and licensee between the plaintiff and the defendant.