Narayan Chandra Sil, J. - (1.) This appeal is directed against the judgment and decree dated 31.7.1989 passed by Shri P. N. Bhadury, learned Assistant District Judge, Sixth Court, Alipore, 24-Parganas (South) in connection with Title Appeal No. 330 of 1987 affirming the judgment and decree dated 27.2.1987 passed by Shri N. Sarkar, learned Munsif, Fourth Court, Alipore, 24-Parganas (South) in connection with Title Suit No. 360 of 1978.
(2.) The suit before the trial court was for eviction of the licensee on revocation of licence. The trial court decreed the suit and the lower appellate court affirmed the same.
(3.) The plaint case in brief is that the defendant No. 2 is the sister of the plaintiff and the defendant No. 1 is the husband of the defendant No. 2. Both the defendants came from erstwhile East Pakistan in 1952 during communal disturbance and started living in refugee camp. The plaintiff, on being requested by the defendants provided them two rooms with a kitchen under the occupation of the plaintiff without any consideration of money or rent. Thereafter, the defendant Nos. 1 & 2 brought the defendant No. 3, a widow sister of the plaintiff who had also come from erstwhile East Pakistan on migration and had been living in a refugee camp at Howrah. In 1964 two tenanted rooms and kitchen were vacated by the tenant of the plaintiff and the defendant Nos. 1 and 2 asked the plaintiffs for permission to occupy those two rooms also for the purpose of convenience of the education of the children and accordingly those two rooms were also given to the defendants without any consideration. Subsequently, the defendants were allotted lands at Baghajatin Colony, Jadavpur, and although the defendants erected their own building at Agarpara, they did not vacate the suit premises. The defendant Nos. 1 and 2 contested the suit and denied all the material allegations and it was, inter alia, stated by them that they are the monthly tenants at rental of Rs. 40/- which was subsequently enhanced to Rs. 100/- per month.;