SOUMEN SEN,J. - (1.) The plaintiff is an owner of the property in question. The plaintiff has filed a suit for eviction of the defendants on the ground that the said defendants are trespassers. The plaintiff alleged that the said defendants have raised unauthorised structures and constructions without the knowledge and consent of the plaintiff. It is alleged that one Mr. Chatterjee, an employee of the plaintiff collected rent from the occupants of the building without letting the plaintiff know of the illegal structures and constructions being made by such trespassers. The plaintiff was also not aware of the existence of many of them. It was only after the dismissal of the said Mr. Chatterjee, the present group of directors made enquiries and thereafter ascertained that on the land in between the two buildings, a corrugated iron shed (C.I. Shed) has been constructed by the respondents who are now in occupation.
(2.) Mr. Hirak Kumar Mitra, learned Senior Counsel has produced before this Court the sanctioned plan of the premises issued by the Kolkata Municipal Corporation wherefrom it appears that the area in which the shed was constructed was shown as a cart passage between two buildings. It was on the basis of such document it is submitted that the raising of any construction on the said cart passage is unauthorised inasmuch as no consent was ever given by the plaintiff for converting such passage into a go- down.
(3.) This application is opposed by the defendant nos.1, 2, 3, 5 and 6. Mr. Javed Sanwarwala, learned Counsel representing the said defendants has produced before this Court few documents to show that the company all through has accepted the said defendants as tenants and has issued rent receipts. However, in so far as the cart passage is concerned, the said defendants are unable to produce any document to show that any permission was given to the said defendants to convert the said area into go-down or that the said area was ever let out to the said defendants.;