AMAL CHANDRA MITRA Vs. GOBINDA BASAK

JUDGEMENT

(1.) Yesterday this appeal was taken up for hearing but the Court adjourned the hearing till today on account of absence of the learned Advocate for the respondent. Even today no one is present on behalf of the respondent when the matter is taken up for hearing. This is a very unfortunate state of affairs. Accordingly, I allowed Mr. Tarun Chatterjee, the learned Advocate to proceed with the matter.

(2.) This appeal arises out of the judgment and decree dated Aug. 11, 1977 passed by the Additional District Judge, 11th Court at Alipore in Title Appeal No. 156 of 1977 reversing those dated Dec. 18, 1976 passed by the Munsif, 1st Court, Sealdah in Title Suit No. 431 of 1974.

(3.) The plaintiff filed a suit for eviction and for mesne profit. The plaintiffs case, in brief, is as follows :