JUDGMENT :

Siddhartha Roy Chowdhury, J.:

1. Challenge in this appeal is to the judgment and decree passed by learned Additional District and Sessions Judge, Fast Track Court-II, Sealdah in Title Appeal No. 6 of 2003, affirming the judgment and decree passed by learned Civil Judge, Junior Division, 2nd Court, Sealdah in Title Suit No. 607 of 1992. Learned Trial Court in a suit for eviction of a premises tenant passed the decree despite the specific finding that there was no relationship of landlord and tenant between the parties. The defendant made an unsuccessful attempt to get the judgment of learned Trial Court reversed. Learned First Appellate Court accepted the view of learned Trial Court. Hence this appeal.

2. For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.

3. Briefly stated, the plaintiff filed the suit for eviction, stating, inter alia, that by virtue of a solenama in Title Execution Case No. 129 of 1979 and 130 of 1979 executed by and between Harekrishna Mondal, the decree holder and Prafulla Kumar Ghosh since deceased, the judgment debtor, in the said execution proceeding, the defendant was given possession of ha