DHARANIDHAR DAS Vs. ASHALATA LAHA AND ORS.

JUDGEMENT

(1.) This second appeal is at the instance of defendant No. 1 in a suit for recovery of possession and is directed against judgment and decree dated May 31, 1991 passed by the learned Additional District Judge, 1st Court, Bankura in Title Appeal No. 35 of 1989 thereby reversing those dated Feb. 27, 1989 passed by the learned Assistant District Judge, Additional Court, Bankura in Title Suit No. 68 of 1986.

(2.) The respondent No. 1 filed a suit being Title Suit No. 85 of 1984 which was subsequently renumbered as Title Suit No. 68 of 1986 for recovery of possession of the suit premises from the appellant herein on the allegation that she is the owner of the suit property and that the appellant was inducted in the property as a licensee for running a hotel business as her husband was lying ill at that point of time. According to the respondent No. 1 the appellant was an employee of the said hotel under her husband. But as the husband became bed ridden, she entrusted the appellant to look after the entire affairs of the hotel on payment of Rs. 20.00 a day with a further payment of Rs. 80.00 a month for electric charges.

(3.) In the meantime, as the plaintiffs son became major and able to conduct the business, she decided to terminate the licence but inspite of termination of such licence the appellant refused to vacate the premises. Hence the suit.