JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. Being aggrieved by and dissatisfied with the judgment and decree dated February 12th & 15th, 2015 respectively, in Title Suit 67/2010, Defendant as Appellant preferred Title Appeal No. 13/2016 in the court of learned Civil Judge, (Senior Division), 3rd Court, Howrah, and after hearing said appeal, learned First Appellate Court was pleased to dismiss the appeal on contest by judgment and decree dated December 22, 2016, holding that Defendant/Appellant is a licensee and he has failed to prove his case of adverse possession and as such he is liable to be evicted from the suit property and thereby affirmed the judgment and decree passed by the learned Civil Judge (Junior Division), 2nd Court, Howrah, in aforesaid Title Suit No. 67/2010.

2. Plaintiffs case in a nutshell is that plaintiff is the absolute owner of the ‘A’ schedule property and ‘B’ schedule is part of ‘A’ schedule property. As per request made by the defendant, the plaintiff permitted the defendant to stay in a room in ‘B’ schedule as licensee without license fee on the assurance given by defendant that he will vacate ‘B’ schedule suit property and will deliver possession within short pe