R.K. Merathia, J. - (1.) This second appeal has been filed against the judgment and decree dated 30.4.2008, passed by learned Additional District Judge, FTC-II, Jamshedpur in Title Appeal No. 19 of 2007 affirming the common judgment and decree dated 14.3.2007, passed by learned Sub Judge-I, Jamshedpur in Title Suit No. 60 of 1998 and Eviction Suit No. 3 of 1999.
(2.) The said Title Suit No. 60 of 1998 was instituted by appellant no. 1 for declaring that she was the tenant under the respondent in respect of the suit quarter and for restraining the respondent from interfering with the amenities of electricity and water supply. Her case in short, was that she was office bearer of a political party and she got the suit quarter on rent from the respondent for the purpose of party work from November, 1995.
(3.) Eviction Suit No. 3 of 1999 was instituted by the respondent for a decree of eviction of appellant no. 1 and her husband ( appellant no. 2) from the said suit quarter and for damages for illegal use and occupation thereof. The case of the respondent, in short, was that the husband of appellant no.1 (appellant no. 2) was a clerk in the Postal Department and on sympathetic ground, he was permitted to occupy another quarter as a licensee for the period he remained posted in the local post office, though he was a Central Government employee and was not entitled to claim any accommodation from the respondent but even then the appellant no. 1 and appellant no. 2 attempted in various manner to occupy the suit quarter illegally and finally in the night of 18/19th March, 1997 along with their associates broke open the lock of the suit quarter and trespassed into the same.;