BIRENDRA KUMAR JAISWAL Vs. GANGADHAR HAIDAR & ANR.
LAWS(CAL)-1996-1-37
HIGH COURT OF CALCUTTA
Decided on January 12,1996

Birendra Kumar Jaiswal Appellant
VERSUS
Gangadhar Haidar And Anr. Respondents

JUDGEMENT

Samir Kumar Mookherjee, J. - (1.)This first appeal is directed against judgment and decree of the learned Judge, 3rd Bench, City Civil Court, Calcutta, dated 29th June, 1994, passed in Title suit No. 1038 of 1977, which had been decreed by the learned Judge. The defendant in the suit is appellant before this Court.
(2.)The said suit was instituted, inter alia, on the allegation that the defendant trespassed into the disputed suit property by breaking open the padlock and by closing the passage by a puca wall inside the occupied room which was used by a tenant to go to his shop within the same compound, and opened a gate for his own egress and ingress. The plaintiff prayed for reliefs, inter alia, by way of declaration that the defendant acquired no right, title and interest to occupy the disputed portion of the suit premises; that document, if there was any, was illegal, void and not binding on the plaintiff and also for recovery of possession and permanent injunction.
(3.)On behalf of the defendant, a monthly tenancy under plaintiff's adoptive mother had been pleaded at a rental of Rs. 100.00, according to English Calendar and the date of origin of such tenancy was stated to be 1st of Dec., 1970, creation of such tenancy was pleaded also to be within the knowledge of the present plaintiff.
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