SRI MURARI SAMANTA Vs. SRI ASHOK NANDY AND ANR.
LAWS(CAL)-2017-12-221
HIGH COURT OF CALCUTTA
Decided on December 18,2017

Sri Murari Samanta Appellant
VERSUS
Sri Ashok Nandy And Anr. Respondents

JUDGEMENT

Shivakant Prasad, J. - (1.) This revisional application challenges the Order No. 33 dated March 17, 2016 passed by the Civil Judge, XIII Bench, City Civil Court, Calcutta in Title Suit No. 2322 of 2011.
(2.) The petitioner is the defendant in the suit instituted by one Smt. Ira Ghosh and Smt. Sarmistha Ghosh, widow and daughter of Late Dilip Kumar Ghosh respectively, wherein they prayed for a decree for recovery of khas possession of the suit premises by evicting the defendant including his men, agents and servants from the suit premises and also for damages and mesne profits on the contention that the defendant/present petitioner was a caretaker and/or servant of the said Dilip Kumar Ghosh who had granted leave and licence to him in respect of one room on the first floor at the suit premises without payment of any charge as a permissive occupier.
(3.) It was the contention in the original plaint that since the death of the said Dilip Kumar Ghosh on July 7, 1992 the leave and licence is stood revoked. Accordingly, the plaintiffs called upon the defendant to quit and vacate the suit premises which was described to be one room on the first floor with common user of bath and privy at Premises No. 16A, Ankur Dutta Lane, P.S.-Muchipara, Kolkata-700 012. ;


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