JUDGEMENT
Shivakant Prasad, J. -
(1.) The two appeals being SA No. 36 of 1986 and SA No. 37 of 1986 are directed against the judgment and decree dated 30th August, 1982 and 7th September, 1982 passed by Additional District Judge, 11th Court, Alipore in Title Appeal No. 136 of 1981 reversing the judgment and decree dated 23rd December, 1980 and 6th January, 1981 respectively passed by 1st Additional Munsif, Alipore in Title Suit No. 20 of 1974.
(2.) The grounds inter alia taken by the appellant is that the learned Appeal Court below having relied on the document Exhibit-D, i.e. agreement for sale which practically does not confer any right of the defendant/respondent herein nor extinguish any right of the plaintiff in the suit premises and while considering the same erred in his finding that the plaintiff had the intention to sell the property but had no bona fide requirement of the suit premises for his own use and occupation.
(3.) In the SA No. 37 of 1986 the ground taken is that the learned Judge took a total misconception in allowing the appeal relying on Exhibit-B which does not give any special protection to the defendant/ appellant from eviction, thereby erred in law in allowing the appeal inasmuch as the right of enjoyment of the defendant/appellant ceases after revocation of such right as a license and also failed to appreciate that even after the sale, the status of parties remain the same inasmuch as the acceptance of license fees cannot give a better title to the defendant and a total misconception of law has crept in while dismissing the suit.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.