RAJBALLAV PAUL AND OTHERS Vs. SMT. KAMALARANI DHAR AND OTHERS

JUDGEMENT

(1.) THIS Letters Patent Appeal is from the judgment and decree of the learned Single Judge.

(2.) DEFENDANTS Nos. 1, 2 and 3 are the appellants in the Letters Patent Appeal. Plaintiff's -Respondents Nos. 1 and 2 filed Title Suit No. 104 of 1965 in the Court of the Sadar Munsiff, Gauhati against the defendants -appellants and two others for ejectment of the defendants -appellants with the following prayer:

(3.) DEFENDANTS Nos. 1 to 3 put in a joint written statement wherein they denied the allegations made in the plaint. They contended, inter alia, that they were never tenants -at -will in respect of the two dwelling houses and the attached Chali and the cook -shed of Holding No. 28, Ward No. 10 of the Gauhati Municipality at Lokhra Road, Rehabari, Gauhati; that they never paid any monthly rent of Rs. 30/ - either to Gobindalal Saha or to anybody else, that Gobindalal Saha was never the owner of these two houses and the attached Chali and the cook -shed; that the sale of the two houses and the attached Chali and the cook -shed in occupation of the defendants to the plaintiff's, if there was any, was illegal, invalid and void; and that Gobindalal Saha has no right, title and interest to transfer the properties described in Schedule 'D' to the plaint. In substance, the defendants denied the tenancy claimed by the plaintiff's and they categorically stated that they never held the suit houses as tenants under Gobindalal Saha or under anybody else including the plaintiff's. They, inter alia, challenged the sale, if any of the suit properties by Gobindalal Saha to the plaintiff's. Some other facts were alleged with regard to title over the suit property.