SABITRI NATH Vs. SABITRI DEB

JUDGEMENT

(1.) By instituting a suit, which gave rise to Title Suit No. 21/2003, the present Petitioners' predecessor-in-interest sought for a declaration of his status as a tenant of the Defendant No. 1 in respect of the suit premises, for confirmation of his possession and also for permanent injunction restraining the Defendants from interfering with his (Plaintiff's) possession of the suit premises. The opposite party herein, who were the Defendants in the said suit, resisted the suit, wherein, apart from denying the existence of any relationship of landlord and tenant between the Petitioner and the Defendant No. 1, it was claimed that the Plaintiff was a licencee of the Defendant No. 1, Defendant Nos. 2 and 3 being tenants of Defendant No. 1. Defendant No. 1 also sought for eviction of the Plaintiff (the present Petitioners' pre-decessor-ininterest) from the suit premises. The suit and also the counter-claim, which was treated as cross-suit, were accordingly proceeded with.

(2.) In course of time, both the parties adduced their evidence. By judgment and order, dated 8-8-2006, the suit was dismissed by the learned Munsiff No. 1, Cachar, Silchar, but the counter-claim was decreed holding the Plaintiff (i.e. the predecessor-in-interest of the present Petitioners) as a licencee of the Defendant No. 1 in respect of the suit premises and also for his eviction therefrom. Aggrieved by the dismissal of his suit, an appeal was preferred, which gave rise to Title Appeal No. 53/2006. By judgment and order, dated 25-11-2009, as the learned Civil Judge No. 1, Cachar, Silchar, has dismissed the appeal, the Petitioners have come to this Court seeking, with the help of this revision petition, appropriate order setting aside the judgment and order impugned in this revision.

(3.) I have heard Ms. S. Senapati, learned Counsel for the Plaintiff-Petitioners, and Mr. A.K. Goswami, learned Senior counsel, appearing on behalf of the Defendants-opposite party.