PRASENJIT MANDAL, J. - (1.) THIS second appeal is at the instance of the defendant/appellant and is directed against the judgment and decree dated May 20, 2006 of affirmance passed by the learned Civil Judge (Senior Division), Diamond Harbour in Title Appeal No.9 of 2002 arising out of the judgment and decree dated November 29, 2011 passed by the learned Civil Judge (Junior Division),
(2.) ND Court, Diamond Harbour in Title Suit No.31 of 1999. 2. The plaintiff/respondent herein instituted the aforesaid suit for ejectment of the defendant/appellant herein from the premises in suit as described in the schedule to the plaint before the learned Trial Judge on the ground of default, violation of the provisions of (m), (o) & (p) of Section 108 of the Transfer of Property Act and reasonable requirement. The defendant/appellant herein is contesting the said suit by filing a written statement denying the allegations raised in the plaint. He has contended that there is no relationship of landlord and tenant between the parties. No legal, valid and sufficient notice was served upon him. Requirement of the suit premises by the plaintiff on the ground of reasonable requirement is not tenable at all. He has not done any act contrary to the provisions of (m), (o) & (p) of Section 108 of the Transfer of Property Act and as such, the plaintiff is not entitled to get any decree of eviction and other reliefs.
(3.) UPON analysis of evidence adduced by the parties, the learned Trial Judge decreed the suit on contests with costs against the defendant. He has directed the defendant to deliver possession of the suit premises in favour of the plaintiff within two months from the date of delivery of judgment. He has also directed that the plaintiff is entitled to recover damages from the defendant on rental basis on and from December 1, 1995 till recovery of possession of the suit premises, the quantum of which shall be determined in a separate proceeding.;