JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Being aggrieved and dissatisfied with the judgment and decree dated 23rd August, 2011 passed by learned Additional District Judge, 9th court Alipore, in Title Appeal No. 150 of 2009, present second appeal has been preferred. By the impugned judgment learned court below set aside the judgment and decree dated 31st March 2009 passed by learned Civil Judge (Junior Division), 2nd Court, Alipore, in Title Suit no. 19 of 2002.

2. Plaintiffs/Respondents herein instituted aforesaid Title Suit no 19 of 2002 contending that the suit premises originally owned by one Satyandra Chandra Gupta, who during his lifetime bequeathed the property in favour of the plaintiffs. After taking probate of the will, plaintiffs became absolute owner of the property. Original defendant was known to the plaintiff, who approached the plaintiff in the month of April 1987 for temporary accommodation in the suit property comprising of two bedrooms, one drawing cum dining room one kitchen and two bathrooms cum privy and considering his difficulties the plaintiff allowed the original defendant to reside in the suit property on payment of licence fee of Rs.2000/-per mensem which was