JUDGMENT :

Sugato Majumdar, J.

The instant Second Appeal is preferred against the Judgment and Decree dated August 30, 2003 passed by the Learned Additional District Judge, Fast Tract, 2nd Court, Suri, Birbhum passed in Title Appeal No. 34 of 2001 reversing the Judgment and Decree dated November 29, 2000 in Title Suit No. 121 of 1995.

2. The original suit was filed, praying for recovery of possession with other reliefs. The plaint case, in nutshell, was that the Plaintiffs are owners and the landlords of the suit premises which they purchased in terms of the registered deeds of sale dated 06/11/1989 and 24/09/1991. Since then the Plaintiffs are in possession of the suit premises. The Defendant was a monthly tenant in respect of the suit premises at a monthly rental of Rs.105/- payable according to the English Calendar months. The Defendant defaulted in payment of rent from January 1981 to April 1995; the Defendant caused damaged to the suit properties by keeping scrap irons on the floor of it. This apart, the Defendant used to operate gas-welding machine inside the premises with help of hammer and other tools creating nuisance and annoyance to the Plaintiffs and their family members.