- (1.) This second appeal is directed against judgment and decree dated 03.01.2005 passed by learned Judge XIII, City Civil Court at Calcutta in Title Appeal No. 34 of 2001 affirming the judgment and decree of eviction dated 20.12.2000 passed by learned Judge, 3rd Bench, Presidency Small Causes Court at Calcutta in Ejectment Suit No. 1442 of 2000.
(2.) The case of the respective parties may be summarized as follows: Respondent/Plaintiff filed the suit alleging that she purchased the structure of the suit property which comprised in Thika Tenancy from Namita Barik and Dipu Rani Bakshi for valuable consideration on 30.07.1981. Despite issuing of letter of attornment Defendant being a tenant of the suit premises defaulted in payment of rent since August, 1981. Plaintiff having no other suitable accommodation elsewhere requires the suit premises for her own use and occupation. Accordingly, the tenancy of the Defendant was terminated by a notice to quit. As Defendant did not vacate the suit premises, the suit was filed.
(3.) Defendant contested said suit by filing written statement denying material allegations of the plaint and contending inter alia that the Plaintiff was neither owner nor landlord and that Defendant was a tenant under one Shyam Chand Dutta and that Plaintiff obtained fictitious title deed. There was no relation of landlord and tenant between the parties. The suit was liable to be dismissed.;