N. C. MUKHERJI, S. M. GUHA

( 1 ) THIS is an appeal against the judgment and decree dated 10th May, 1978 passed by Sri Sukumar Guha, Judge, 10th Bench, City Civil Court, Calcutta. The plaintiff is the appellant in this Court.

( 2 ) THE plaintiff brought a suit for recovery of khas possession. The plaintiff's case may, briefly, be stated as follows: - The plaintiff and his three brothers became owners of a premises No. 88a, Bechu Chatterjee Street, Calcutta - 6, by purchase; Biswanath Sahoo, since deceased, father of the defendant Ram Palat Sahoo, was a tenant under them in respect of one room in the ground floor of this premises at a rental of Rs. 22/- payable according to English Calendar. By the decree dated 12. 12. 72 passed in Partition and Administration Suit No. 306 of 1971 in the Hon'ble High Court at Calcutta, between the aforesaid owners, demarcated southern portion of premises No. 88a, Bechu Chatterjee Street was allotted to the share of the plaintiff. The room in occupation of the defendant's father fell to the share of the plaintiff. After demise of Biswanath Sahoo, the defendant is in occupation of the room and after passing of the said decree, the defendant became a t

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