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2023 Supreme(Cal) 1352

AJOY KUMAR MUKHERJEE
Md. Sahid, since deceased, represented by Asgari Banu @ Asgtari Begum – Appellant
Versus
Jamrati, since deceased, represented by Memunnessa – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Partha Pratim Roy, Mr. Lutful Haque, Mr. T. Khatun
For the Respondents: Mr. Siva Prasad Ghosh

JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Predecessor-in-interest of the present appellants Md. Sofi preferred this second appeal challenging the judgment of reversal dated 19th December, 1989 passed by the Assistant District Judge, Sealdah, Alipore, in Title Appeal No. 83 of 1989, on 30th January, 1989. By the impugned judgment, First Appellate Court has set aside the judgment passed by the Learned Munsif 4th Court Sealdah, in Title Suit No. 240 of 1986 and decreed the said suit.

2. Predecessor-in-interest of the respondents herein namely Jumrati had filed a suit for eviction of licensee against Md. Sofi, the predecessor-in-interest of appellants, alleging that Md. Sofi was inducted as a licensee in respect of one room by Sugia Bibi, alias Sukia Bibi alias Sufia Bibi (hereinafter called as Sugia Bibi) admitted erstwhile owner of the suit property. Plaintiff further alleged that after becoming owner of the suit property and after the death of said Sugia Bibi, he did not renew said licence and as such the defendant/licensee has no right to possess the said premises and as such he filed aforesaid suit for eviction of licensee and recovery of possession and permanent injunction being afores

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