JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. This second appeal has been preferred by the defendant/appellant challenging the judgment and decree dated September 10, 2009 passed by learned Additional District Judge, 1st Court, Siliguri. By the impugned judgment court below has affirmed the judgment and decree dated 29th March, 2007, passed by learned Civil Judge (Junior Division) Siliguri, in Title Suit No. 184 of 2002.

2. Plaint case is that plaintiff purchased the suit property on 13.11.1997 from the erstwhile owner Ramdev Koiri and Paramananda Koiri by a registered deed and since purchase, plaintiff has been possessing the suit property by mutating his name with the municipality. Further case of the plaintiff is that he purchased the suit property with several dilapidated structure and for the purpose of security of his ration shop he gave permissive possession of three rooms to the defendant without any licence fee and permission was given till dismantling the dilapidated structure and making new construction therein. The plaintiff requested the defendant to leave and vacate the suit premises described in schedule “B” to the plaint which was not complied by the defendant and for which h