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SOUMEN SEN, AJOY KUMAR MUKHERJEE
Nikhil Mondal – Appellant
Versus
Nemai Chandra Dey – Respondent
JUDGMENT
ajoy Kumar Mukherjee, J. - The Defendant /appellant Shri Nikhil Mondal being aggrieved by and dissatisfied with the judgment and decree dated September 30th 2020 passed by learned Civil Judge(Senior Division), Sixth Court, alipore , South 24 Parganas, in Title appeal No. 42 of 2017, has preferred this second appeal from appellate decree. By the impugned decree the learned First appellate Court has affirmed the judgment and decree passed by learned Civil Judge (Junior Division), 3rd Court , alipore in Title Suit No. 03/1997.
2. Plaintiff/Respondent's case as projected in the plaint is that one Kalipada Dey, father of the plaintiff No. 2 was the thika tenant in respect of suit property and he constructed residential structure on the said property. Said Kalipada died leaving behind his wife erstwhile plaintiff No.1 and son who is plaintiff No. 2. Plaintiff No. 1 died during pendency and plaintiff No.2 became sole thika tenant in respect of the property. Initially defendant was a tenant under Kalipada Dey and after his demise defendant became tenant under plaint No. 1 at a monthly rent of Rs. 50/- payable according to English Calendar month. Defendant was a defaulter in making p
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