Decided on September 21,1995


Referred Judgements :-



BASUDEVA PANIGRAHI, J. - (1.)This appeal is directed against the reversing judgment and decree passed by learned Additional District Judge, Alipore in T.A. No. 338/88 whereby and whereunder he decreed the respondent / plaintiff suit in T.S. No. 194 / 82.
(2.)The facts leading to this appeal are summarily stated thus:---The respondent/ plaintiff has stated in the pleading that the schedule 'A' marked properties originally belonged to one Satyanarayan Sarogi and his wife Laxhmi Devi comprising an extent of 7 cottahs 17 sq. ft. with a brick building and C.I. roof structure standing thereon in municipal premises No. 47B of Sadananda Road within Bhownipore P. S.The plaintiff had occupied the northern portion of the suit premises at a monthly rental under the owner where he was running a Ration Shop bearing No. ER 3009 and the southern portion of it was under the occupation of another tenant sovelal and Jangiram who carried on their business of a Restaurant by selling tea etc. In course of time those tenants vacated C.I. roof structure in favour of the original owners and accordingly they took possession of the same. The appellant No. 1 approached the original owners along with some of the influential persons of the locality requesting them to permit the former to start an association known as 'Rashbehari United Club' towards the southern portion of the said C. I. roof structure. The original owners, however, were inclined to permit the said club for temporary accommodation on the southern portion with the vacant land abutting to it in or about March, 1970 as a licensee. Thereafter, the club started possessing the same by various acts and performances over the said structure which has been described more fully in Schedule 'B' of the plaint. The plaintiff has purchased subsequently from the original owners under a deed of registered conveyance dated 9-1-1971 of 'A' schedule property of the plaint, inclusive of 'B' schedule. The plaintiff was, however, assured by the persons in management of the club to vacate the 'B' schedule property immediately after they found an alternative accommodation elsewhere. The plaintiff issued a letter of attornment to the tenants and also informed to the members of the club about the purchase of the suit premises 47B. Thus, even after the purchase, the defendant club was also allowed to continue as licensee of the suit premises as before. The plaintiff filed another suit against one of the tenants Bacchan Singh in T.S. No. 70 / 74 in the Court of learned Munsif, 4th Court Alipore for recovery of possession and obtained part decree of ejectment on 26-2-1982. The erstwhile tenant preferred an appeal in T.A. No. 310 / 82 but the appellate court was also pleased to dismiss the appeal. Accordingly, the plaintiff obtained the possession from Bacchan Singh pursuant to the decrees. The defendant-club was issued with a registered notice for vacating the suit schedule 'B' properties which was under its occupation ever since the time of his vendors. But the defendant-club having refused to vacate the suit properties, the licence which was granted to them was revoked in or about Month of Nov. 1982. Since the club having paid no heed to such revocation, the plaintiff was obliged to bring the suit against the club and its office bearers for recovery of possession.
(3.)The suit was filed in representative capacity under the provisions of Order 1, Rule 8, C.P.C. after obtaining necessary leave from the Trial Court. The licence granted earlier to the defendant-club having been determined ever since Nov. 1982 and the defendants having forcibly occupied the same, the plaintiff filed the suit for damages for their illegal use and occupation of 'B' schedule properties from Dec. 1982.

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