M.R.Mallick, J. - (1.) This is an appeal against the judgment and decree passed by Additional District Judge third Court, Alipore in title appeal No. 132 of 1982 dated 7th Feb. 1983 affirming the judgement and decree passed by subordinate Judge third Court, Alipore in title suit No. 4 of 1977 dated 22nd day of Dec. 1951.
(2.) The facts which are necessary to dispose of the present appeal may be briefly stated as follows :- The plaintiff-respondent filed the title suit No. 489 of 1977 for a decree for eviction against the defendant-appellant, a premises tenant in the ground floor 16/7 Temple Garden,"B"Block, New Alipore specifying originally two grounds, namely, (1) that the defendant had caused damage resulting material deterioration of the suit premises and (2) that he was using a portion of the suit premises for illegal and immoral purposes. By amendment the plaint it was alleged that the defendant had transferred the common garage by allowing a motor car being No. WMC 5134 which upon enquiry was found to be registered in the name of M/s. General Services of 74, Block '(I', New Alipore to be kept there. Prayer for permanent injunction was made for restraining the defendant from keeping in the garage the said car belonging to the third party to avoid damages to the property of the plaintiff and her husband. Another prayer for injunction was made for restraining the defendant from causing disturbances, from repairing or maintaining of the electric installation of the entire premises No. 16/7 Temple Garden, Block "B", New Alipore.
(3.) The defendant contested the suit by filing written statement as well as additional written statement denying all the material allegations made in the plaint as well as in the amended plaint.;