S.P.RAJKHOWA, J. - (1.) THIS appeal is directed against the judgment and decree dated 17.6.1983 passed by Shri B.K. Dutta, Additional District Judge, Alipore allowing the title Appeal No. 876 of 1982 reversing the judgment and decree dated 17th August, 1982 passed by Sri S.S. Pal, Munsif 4th Court, Alipore in title Suit No. 177 of 1969.
(2.) PLAINTIFF filed the title Suit No. 177 of 1979 praying for a decree for recovery of possession by evicting the defendant from the suit premises and for other reliefs mainly on the ground that the defendant was occupying in the suit premises under the plaintiff as a licensee and despite the service of notice revoking the licence with the expiry of 15.5.1979, the defendant did not vacate the suit premises. The defendant resisted the suit by filing a written statement, inter alia, denying that he was a licensee under the plaintiff and his specific case is that he was a monthly tenant under the plaintiff at the rental of Rs. 60/- per month. The learned Munsif held that the defendant was a licensee under the plaintiff and as soon as the revocation of the licence by the plaintiff was made, the defendant was liable to be evicted from the suit room and accordingly, he decreed the suit on contest without cost. He also ordered that the plaintiff was entitled to a decree for Rs. 10/- tentatively as mesne profit against the defendant.
(3.) BEING aggrieved the defendant filed the title Appeal No. 876 of 1982 before the District Judge, Alipore. Sri B.K. Dutta, Additional District Judge, Alipore heard the appeal and held that the defendant was a sub-tenant under the plaintiff and allowed the appeal by reversing the judgment and decree of the learned Munsif. Hence this second appeal.;