BISWAJIT BASU,J. - (1.) This appeal is at the instance of the defendant in a suit for recovery of possession and is directed against judgment and decree dated September 14, 2017 passed by the learned Judge 10th Bench, City Civil Court at Calcutta in Title Suit No. 498 of 1999.
(2.) The plaintiff's case in brief is that it is a religious, philanthropic and charitable institution rendering social and voluntary services irrespective of caste, creed and community. The society in keeping its noble object started home and orphanage in a part of premises no.4A, Bankim Chatterjee Street, Kolkata (hereinafter referred to as the suit premises, in short). The suit premises was taken by the society from the Government of West Bengal. The said agreement was entered into by and between the plaintiff and the Governor of the State of West Bengal. In the year 1980 the welfare home and orphanage building was closed due to some antisocial activities and undisciplined behavior of some of the over aged orphan and the orphans were removed from suit premises. The ground floor and second floor of the suit premises thereafter given to a nursery school namely Mahabodhi Nursery School and to a television training institute, respectively. In the month of November, 1987 the said T.V Training Centre was closed and the rooms given to the said training centre were kept under lock and key. The general secretary of the plaintiff society on January 01, 1999 found that the defendant by breaking open the pad lock had illegally trespassed into the two rooms on the second floor of the suit premises (which is hereinafter referred to as the suit property, in short). The defendant since then has been occupying the suit property as trespassers paying no heed to the demand of the plaintiff to vacate. The plaintiff having no other alternative filed the suit for recovery of possession of the suit property.
(3.) The defendant entered appearance and contested the suit. His defense in the written statement is summarised as follows:- The suit is not maintainable in its present form and law and is barred by principle of estoppels, waiver, acquiescence and is also is barred by law of limitation. His further defense is that he is a licensed electrician having electrical workman permit. The plaintiff in the year 1975 engaged him as it's full time employee to look after manage and maintain the electric system of the suit premises along with other buildings of the plaintiff as electrician. The defendant since is in the service in the plaintiff, he was allotted the suit property as a part of his emolument and remuneration received by him from the plaintiff month by month. The status of defendant is therefore of a tenant, not a trespasser and he cannot be evicted from the suit property without determination of his said tenancy by a vaild notice under Section 13(6) of West Bengal Premises Tenancy Act, 1956. The ration card and voter identity card standing in the name of the defendant establish lawful possession of the defendant over the suit property. The defendant therefore prayed dismissal of the suit.;