Hrishikesh Banerji, J - (1.) This appeal is directed against the Judgment and decree dated April 8, 1993 passed by the learned Additional District Judge, Bankura whereby the learned Judge reversed the decree of dismissal of the suit for eviction filed by the plaintiff/respondent herein.
(2.) The substantial questions of law in this appeal are as follows:- (1) Whether the First Appellate Court failed to appreciate that for the erection of a structure, temporary in nature, no plan is required to be sanctioned from the Municipal Authority, (2) Whether the finding of the First Appellate Court regarding the nature of construction as a permanent one is erroneous as the said finding was arrived at without considering the character of the construction and/or its removability without causing any damage to the existing structure.
(3.) The plaint case is as follows : The defendant/appellant has been a monthly tenant in respect of a room and vacant land in front of the allotted room in College Road at Bankura under the Diocese of Durgapur Church of North India from the fnonth of May, 1988. The defendant has been a habitual defaulter and did not pay rent for the months from September, 1988. The further allegation is that the defendant deliberately in violation of the terms and conditions of his tenancy, raised an unauthorised construction in the vacant space situated in front of the room let out to him, without any consent or sanction from the plaintiff and that the defendant has thus caused damage to the rented premises in violation of clauses (m), (o) & (p) of Section 108 of Transfer of Property Act, 1982 (the '1982 Act' for short). ;