ANURADHA SAHA Vs. ARATI SENGUPTA

JUDGEMENT

(1.) HEARD Mr. P. Sen, the learned Counsel appearing for the petitioners who filed the Title Suit No.19/1987. The respondents (defendants) are represented by the learned Counsel Mr. M.H. Ahmed.

(2.) THE subject matter of the suit was a house occupied by the Sukhendu Sengupta, hereinafter referred to as "the original tenant" (predecessor -in -interest of defendants) and the property was owned by Late Khetra Mohan Saha Poddar, hereinafter referred to as "the original owner", who died on 31.3.1958. The predecessor -in -interest of the defendants was inducted as a monthly tenant during the lifetime of the original owner and after his death, his sons, daughters became the joint owner of the property. In the suit the plaintiffs pleaded that the tenant had not paid monthly rent of Rs.25/ - for many years. Moreover just before the suit was filed, the tenant demolished the suit property without the owner's consent and he constructed a new house at the original site. With these pleadings, the plaintiffs sought declaration that the predecessor -in -interest of defendants has no right to demolish and re - construct the house and permanent injunction was sought to prevent further construction. Bona fide requirement for accommodation of the plaintiffs was also pleaded and consequently decree for eviction of the defendants and khas possession was prayed. It may be noted that the plaint was amended in the year 2000 to insert the prayer for eviction of the defendants.

(3.) AFTER exchange of pleadings, the following 10 issues were framed by the Trial Court which are extracted hereinbelow