SAROJ PRAVA CHANDA Vs. KIRAN SARKAR

JUDGEMENT

(1.) HEARD Mr. D. Mozumdar, learned Sr. counsel appearing for the petitioners, who were the plaintiffs in the Title Suit No.236/1983. Also heard Mr. Sheeladitya, the learned counsel appearing for the respondents (defendants).

(2.) THE Title Suit No.236/1983 was filed by projecting that the defendants were inducted as tenants from 01.01.1975 at a monthly rent of Rs.60/ - and that the defendants failed to pay the rent since November, 1982. Thus arrear rent apart from ejectment was prayed for in the suit.

(3.) IN their WS, the defendants denied that there is a relationship of landlord and tenant between the plaintiffs and the defendants. The vague description of the suit land on which the tenanted premises is located, was also questioned the by the defendants. They further stated that they are occupying their own house covered by Holding No.27 and the same is recorded in the name of the defendant No.2 Narayan Sarkar and municipal tax against this holding number is being paid by the defendants. It was also stated that the defendant No.1 constructed their occupied house in 1966 and the plaintiffs have no title nor they can claim to be the landlord of this house.