JUDGMENT

Soumen Sen, J. - The appeal is arising out of a decree passed by the Judge 5th Bench, City Civil Court, Calcutta on 5th July, 2019 in Title Suit no. 1076 of 1998. This suit was for declaration, eviction and recovery of possession.

The trial Judge dismissed the suit on the grounds that the plaintiff has failed to establish that the defendants are guilty of breach of express covenants of the registered deed of lease dated 17th June, 1982, as the plaintiff itself has failed to establish its title clearly by cogent evidence. The suit was also dismissed due to defective notice. The appellant is aggrieved by the findings of the learned Trial court in so far as it observed that the plaintiff has failed to establish its title in the suit property. The limited issue on which the appeal is being heard is with regard to the propriety of the findings of the learned trial judge in observing that the plaintiff has no title in the suit property.

The other issues with regard to the defective notice and forfeiture of lease are not decided in this appeal as the said issues are not raised and Mr. Joydeep Kar, learned Senior Counsel representing for the appellant has admitted that there has been