PRASENJIT MANDAL, J. - (1.) This second appeal is directed against the judgment and order dated April 26, 2007 passed by the learned Civil Judge (Junior Division), 2nd Court, Howrah in Title Appeal No.69 of 2004 thereby affirming the order of dismissal passed by the learned Trial Judge in Title Suit No.181 of 1998.
(2.) THE plaintiff/appellant herein instituted the aforesaid suit for declaration of tenancy right, permanent injunction and other reliefs contending, inter alia, that she is a monthly tenant in respect of the suit premises as described in the schedule to the plaint at a rental of Rs.125/ - per month payable according to English Calendar Month. The defendants claiming to be the owner are trying to evict her with the help of her men and agents. So, she has filed the suit for the reliefs already stated. The defendants are contesting the said suit by filing a written statement denying the material allegations and they have also made a counter -claim contending, inter alia, that the plaintiff was a licensee under the previous owner, namely, Bimal Chandra Dey and the said licence had been revoked by him. The plaintiff was never a tenant under the landlords and so, the suit should be dismissed and the counter -claim should be accepted.
(3.) BOTH the parties have adduced evidence and on the basis of the evidence on record, the learned Trial Judge has dismissed the Title Suit No.181 of 1998. But, he has allowed the counter -claim of the defendant directing the plaintiff to deliver the vacant possession of the premises in suit in favour of the defendants within 90 days failing which the defendants are given a liberty to execute the decree as per law.;