Gorachand De, J. - (1.) These two second appeals are directed against a single Judgment and decree dated 30.8.97 passed by Shri P.B. Ghosh, Judge, Special Court (E.C. Act) and Additional District and Sessions Judge, Alipore, 24 Pgs. (South) in Title Appeal No. 152 of 1997 heard analogously with Title Appeal No. 108 of 1997. By the said judgment the first appellate Court set aside the judgment and decree dated 11.2.97 passed by Smt. S. Biswas, Munsif of the first Additional Court at Alipore in Title Suit No. 206 of 1995 heard analogously with Title Suit No. 9 of 1993.
(2.) One Muktaram Panja @ Muktalal Panja filed Title Suit No. 551 of 1986 on 20.12.86 before the fifth Court of Munsif at Alipore praying for permanent as well as mandatory injunction against one Bisheswar Das and his two sons Dr. Niharendu Das and Subhendu Das alleging that he is a monthly tenant in respect of two rooms with common privy and other easement and appurtenance at premises No. 228, S.N. Roy Road at a monthly rental of Rs. 125/-, that he carries on sweetmeat business in the said two rooms (hereinafter called the suit premises' for brevity) by the name and style "New Bhagyalaxmi Mistanna Bhandar" since his induction, as a tenant in April, 1980, that the suit premises required urgent repairs and when Muktaram approached Bisheswar Das, he assured to undertake the necessary repair work and the rent was accordingly enhanced to Rs. 125/- from the initial rent of Rs. 70/- payable according to English calendar month, that Bisheswar Das failed to undertake the repair work and when he was reminded of his assurance in October, 1986, Bisheswar Das and his sons become violent and threatened Muktaram with dire consequences including taking of forcible possession of the suit premises, that Bisheswar Das with a male fide motive refused to accept the rent from the month of October, 1986 from Muktaram, that Muktaram being suspicious about the conduct of Bisheswar and his two sons and their regular threats to disposes Muktaram by force, the title suit was filed praying for permanent injunction restraining all the three defendants, their men and agents from disturbing and/or interfering with the peaceful possession of Muktaram and also for mandatory injunction directing Bisheswar Das to execute the necessary repair work of the suit premises.
(3.) Bisheswar Das appeared and contested the suit after filing a written statement on 5.5.89. The defence case of Bisheswar Das is that the entire premises No. 228, S.N. Roy Road belonged to Rai Bahadur Birendrakrishna Roy as absolute owner and his father Mahananda Das was a monthly tenant of the entire premises under hire. Raibahadur Birendrakrishna Roy died intestate in 1960 leaving behind his widow, four sons and daughters as his legal heirs and on account of differences between them, a suit for partition was filed before this Hon'ble Court being Suit No. 1393 of 1968 and by an order passed on 19.9.68, the Hon'ble Court appointed Shri Dipak Basu, Bar-at-Law and Paritosh Kumar Mallick, Advocate as joint Receivers and they took over management of the properties left by Raibahadur Birendrakrishna Roy along with the suit premises. After the death of Mahananda Das, Bisheswar Das became the tenant of the entire premises and as he was a layman of meagre education and was otherwise unaware of legal intricacies and statutory provisions, in the year 1980, he let out the suit premises to Muktaram at a monthly rental of Rs. 70/- that was enhanced to Rs. 125/-. Subsequently, in pursuance of an order passed by this Hon'ble Court in the said suit, the joint Receivers sold the entire premises to Niharendu Das and Subhendu Das at a price of Rs. 47,800/- after executing a registered Deed of Conveyance on 8.11.84, and made over constructive possession of the entire premises to the said two purchasers, who duly instituted a suit for ejectment being Title Suit No. 462 of 1988 against him impleading Muktaram as defendant No. 2. The other allegations made in the plaint, however, were specifically denied.;