BHASKAR BHATTACHARYA,J. - (1.) Bhaskar Bhattacharya, J. - This first appeal is at the instance of the defendant in a suit for declaration of title and permanent injunction and this appeal is preferred against the judgment and decree dated 26th April, 1993 passed by the learned Judge, 6th Bench, City Civil Court at Calcutta in Title Suit No. 424 of 1982 thereby decreeing the suit.
(2.) The plaintiff-respondents filed the aforesaid suit being Title Suit No.424 of 1982 in the 6th Bench, City Civil Court at Calcutta thereby praying for declaration that they were entitled to keep possession of the disputed room described in the schedule annexed to the plaint which was previously in occupation of one Nani Gopal Ghosh and for permanent injunction restraining the present appellant, his men, agent, etc. from disturbing or interfering with the possession of the said room.
(3.) The case made out by the plaintiff-respondents may be summed up thus: (a) One Giribala Dasi, since deceased, was the owner of the huts standing on the land situated at the premises No. 6, Sen Lane, P.S. Jorabagan. The respondents were the only heirs and legal representatives of the said Giribala Dasi being her grandsons and they were realising rent from their Bharatias inducted in the Thika structure owned by them. (b) One Nani Gopal Ghosh, since deceased, was a Bharatia in respect of one of such rooms, which is the subject-matter of the suit at a rental of Rs. 7/- a month payable according to the English Calendar. (c) Due to financial difficulties of Nani Gopal Ghosh and out of sympathy and compassion, since 1977 no rent was realised from Nani Gopal Ghosh although originally Giribala Dasi and thereafter, the plaintiff used to realise rent from him up to the year 1976. The wife of the said Nani Gopal Ghosh predeceased him and as he had no issue or any legal representative, after his demise on 1st March, 1982, the respondents had kept the room in their possession by putting a padlock on the door of the said room after a letter was addressed to the Officer-in-charge of Jorabagan Police Station informing the aforesaid fact. (d) The father of the defendant is a tenant/bharatia of two rooms on the ground floor of the said premises under the respondents situated just by the southern and the western side of the room which was in occupation of Nani Gopal Ghosh. (e) The defendant with ulterior motive tried to take forceful possession of the said room which was occupied by Nani Gopal Ghosh and after the plaintiff had taken possession, he was trying to threat the plaintiff with dispossession. Hence the suit. ;