JUDGMENT :

(Siddhartha Roy Chowdhury, J.)

1. Challenge in this appeal is to the judgement and decree passed by learned Civil Judge, Senior Division, 2nd Court, Alipore, 24 South Parganas in Title Appeal No. 243 of 2013, affirming thereby judgement and decree passed by learned Civil Judge, Junior Division, 2nd Court, Alipore in Title Suit No. 233 of 2004.

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 being the executrix of the estate of late Puspa Rani Devi instituted a suit for eviction of the defendants who were the joint tenants in respect of ‘A’ schedule property on the ground of non payment of rent at the rate of Rs. 27/- according to Bengali Calendar month, since Poush, 1396 B.S. for committing various acts in the breach of provision Clause (m) (o) (p) of Section 108 of Transfer of Property Act.

4. It is contended by the plaintiff that the defendants without permission of the plaintiff demolished the southern and eastern wall of a room and constructed new pacca wall encroaching a portion of common courtyard. GI shed and wooden window with frame have been replaced by asbestos sheet