IMPORTANT POINT
A tenant may surrender possession of premises either expressly or impliedly, and such surrender does not require a written document under the West Bengal Premises Tenancy Act, 1997.

JUDGMENT :

SUPRATIM BHATTACHARYA, J.

1. This instant appeal has been preferred by the appellants/defendants being aggrieved by and dissatisfied with the judgment and decree passed by the Ld. Additional District Judge, 3rd Court, Barrackpore on 29.04.2022 in Title Appeal being Title Appeal No. 7 of 2017.

2. The aforementioned first appeal being Title Appeal no. 7 of 2017 was preferred by the instant appellants being aggrieved by the judgment dated 23.12.2016 passed by the Ld. Civil Judge (Junior Division) Barrackpore, North-24-Parganas in Title Suit No. 326 of 2012.

3. The appellants herein were the defendants before the trial court and the appellants before the first appellate court while the respondent herein was the plaintiff before the trial court and respondent before the first appellate court.

4. Facts of the instant lis as per plaint:

The entire building, mentioned in schedule ‘A’ of the plaint, earlier belonged to one Sankar Kumar Chanda. Within the said building one brick built room having asbestos shed, mentioned in schedule ‘B’ of the plaint, was let out in lieu of rent at the rate of Rs. 200/-per month by the said erstwhile owner to one of the appellants namely Sabita Das in the year 1996.

Thereafter during the year 2007 the ‘A’ schedule property was gifted to the present respondent/plaintiff by the said Mr. Chanda by virtue of a registered deed of gift registered in the office of the District Sub-Registrar of North-24-Parganas being No. 05681 for the year 2007. Thereafter the rent was enhanced to Rs. 260/-per month and the appellant /defendant has paid the said monthly rent till the month of May, 2012. According to the respondent/plaintiff as the property was in bad state of affairs so the appellant/plaintiff requested the defendants to deliver possession of the suit property so that the respondent plaintiff could develop the condition of the suit property. In response to such request of the respondent/plaintiff the appellants/defendants gave up possession of the suit property in favour of the respondent/plaintiff.

The respondent/plaintiff had entered into an agreement with Triveni Construction for developing the said property and as such the suit property was developed.

Thereafter the respondent /plaintiff asked the appellants/defendants to take the suit property for commercial purpose at fair rent.

On 27.10.2012 the appellants/defendants forcefully and illegally entered into the suit property in absence of the respondent/plaintiff, for which the respondent/plaintiff lodged a general diary before the local police station.

On 27.10.2012 itself the respondent/plaintiff sent a letter through registered post with AD to the appellant No. 1 defendant No. 1.

Ultimately as the appellants did not pay any heed to the request of the respondent /plaintiff the respondent/plaintiff was compelled to institute the instant lis.

5. Facts before the Trial Court:

Before the Trial court the respondent /plaintiff filed a suit for eviction of trespasser, declaration and injunction against the appellants/defendants praying for a decree of declaration that the defendants are trespassers in respect of the suit property, decree of eviction and recovery of possession after evicting the defendant from the scheduled suit property, for a decree of injunction restraining the defendants from the illegal activities and restraining them from changing the nature and character or making any alteration or damage or repair of the suit room.

The defendants entered appearance and filed a written statement denying the contentions of the plaintiff and claiming themselves to be tenants in respect of the suit property and asserting the fact that they have never delivered possession of the suit property in favour of the plaintiff.

On the basis of the contentions of the parties the following issues were framed:

ISSUES

1. Is the suit maintainable in its present form and law?

2. Has the plaintiff any cause of action to file the suit?

3. Has the court got jurisdiction to try this su