JYOTIRMAY BHATTACHARYA,J. - (1.) This Second Appeal is directed against the judgment of reversal passed by the learned Assistant District Judge, Sealdah on 26th May, 1997 in Title Appeal No. 101 of 1996 reversing the judgment and decree dated 29th June, 1996 passed by the learned 1st Court of Munsif at Sealdah in Title Suit No. 407 of 1988 at the instance of the plaintiff/appellant.
(2.) THE plaintiff filed a suit for eviction of the defendant from the suit premises on revocation of his licence orally. Since the defendant did not vacate the suit premises even after revocation of his licence, the plaintiff/appellant filed the instant suit for recovery of possession of the suit premises from the defendant. Various others incidental reliefs were also claimed in the said suit. It was alleged by the plaintiff in the said suit that the plaintiff is a monthly tenant in respect of three rooms at premises No. 11/1, Raja Dinendra Street under his landlord Ashok Kr. Dutta. The defendant who was a milk supplier and was supplying milk to the plaintiff for a long time requested the plaintiff to allow him to stay in one room within the plaintiff's tenancy as his licensee for a temporary period. On such request being made by the defendant, the plaintiff permitted the defendant to stay in one room within his tenancy as his licensee for a limited period but since even after revocation of his licence the defendant refused to vacate the room in his occupation, the defendant became a trespasser therein. Hence, the instant suit was filed for his eviction.
(3.) THE defendant contested the said suit by filing written statement denying the allegations made out by the plaintiff in the said plaint. The defendant denied the grant of licence by the plaintiff in his favour in respect of the suit room. On the contrary, the defendant claimed that the defendant was initially inducted as a tenant in respect of the suit premises by the erstwhile owner thereof at a rental of Rs. 45/ - per month and such tenancy was created by Smt. Sumati Sarkar at least 30 years back. It was further claimed by him that since relationship between the said Sumati Sarkar and the defendant was very cordial, Sumati did not issue any rent receipt to the defendant. It was further stated therein that in 1987 he was informed by one Ashok Dutta that he purchased the suit property from Sumati Sarkar and as per his demand, the defendant started paying rent to the said transferee landlord since then, but no receipt was granted to him even though he was assured that rent receipt would be given to him subsequently. The defendant further claimed that since rent receipt was not granted by the said Ashok Kr. Dutta, he started depositing rent in the office of the rent controller. The defendant, thus, prayed for dismissal of the suit on the aforesaid pleadings.;