- (1.) This appeal is directed against the judgment and decree dated 5.7.2003 passed by Sri B. Mondal, the learned Additional District Judge, Alipore, South 24-Parganas in Title Appeal No. 183 of 2002 affirming the judgment and decree dated 7.5.2002 passed by Sri S. K. Manna, the learned Civil Judge, Junior Division, 1 st Court, Alipore in connection with Title Suit No. 4 of 2002.
(2.) The suit filed by the plaintiff is for eviction of the tenant and for mesne profit. The plaintiff's case in brief is that he is the owner of the suit property. The defendant was inducted as a monthly tenant by virtue of tenancy agreement dated 28.10.1985 together with another agreement dated 29.10.1986.The said tenancy was in existence from 28.10.1985 and had expired on 31.10.1997. The tenant did not vacate the suit premises despite the expiry of the term of agreement. Besides the plaintiff has brought the ground of damage of the suit property at the instance of the defendant. And so the suit is for eviction and mesne profit.
(3.) The defendant contested the suit by filing a written statement in which all the material-allegations are denied and it is inter alia stated that the suit shop was constructed at his own cost as the plaintiff did not liquidate a sum of Rs. 10,000/- in favour of the defendant. It is claimed that the plaintiff took the said sum of Rs.10,000/- as a loan from the defendant.;