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Second Appeal

No. 130 of 2010

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Second Appeal No. 130 of 2010

Ashit Kumar Basak @ Asit Kumar Basak, son of Late Radha Raman

Basak, resident of No.17, New Ranikudar, Bistupur, P.S. Bistupur, Town-

Jamshedpur, District- Singhbhum (East)

… Appellant

-Versus-

1(a). Jyotsana Basak, w/o Late Amulya Kumar Basak

1(b). Anupam Basak, s/o Late Amulya Kumar Basak

1(c). Vishal Basak, s/o Late Amulya Kumar Basak

All R/o Shop No.13, Old Tina Shed Line, Mazala Patti, Bistupur Bazar,

P.O. & P.S. Bistupur, Town- Jamshedpur, District- East Singhbhum

… Respondents

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CORAM:

HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant

: Mr. Indrajit Sinha, Advocate

For the Respondents

: Mr. Praveen Akhauri, Advocate

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10/10.01.2023

Heard Mr. Indrajit Sinha, learned counsel for the appellant and

Mr. Praveen Akhauri, who appeared on behalf of the respondents.

2.

This second appeal has been filed aggrieved and dissatisfied with the

judgment and decree dated 17.04.2010 (decree signed on 27.04.2010)

passed by the learned 1^st Additional District Judge, Singhbhum (East),

Jamshedpur in Title Appeal No.8 of 2005 reversing the judgment and

decree dated 14.02.2005 (decree signed on 28.02.2005) passed by the

learned Subordinate Judge-V at Jamshedpur in Title Suit No. 12 of 1990.

3.

Title Suit No.12 of 1990 was instituted for recovery of possession of

the suit premises evicting the defendant from the property mentioned in the

schedule of the plaint. The said suit was decreed in favour of the plaintiff

vide judgment dated 14.02.2005 and the defendant was directed to vacate

the disputed shop premises within 60 days from the order passed in Title

Suit, failing which, the plaintiff may get recovery of possession of the suit

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Second Appeal

No. 130 of 2010

shop premises through the process of the Court. Being aggrieved with the

said judgment and decree, the defendant filed Title Appeal No.08 of 2005

and vide judgment dated 17.04.2010, learned 1^st Additional District and

Sessions Judge, Jamshedpur, Singhbhum East has been pleased to reverse

the finding in the suit. Aggrieved with the said judgment in the Title Appeal,

the appellant has filed the present second appeal.

4.

In the plaint, it was contended that the shop no.13, Old Tina Shed,

Bistupur Bazar, Jamshedpur belong to M/s TISCO Ltd. and M/s TISCO Ltd.

allotted the shop to Radha Raman Basak, the father of the

appellant/plaintiff on monthly tenancy basis and the father of the

appellant/plaintiff was in occupation of the suit premises as a monthly

tenant under M/s TISCO Ltd. as a monthly tenant. Radha Raman Basak died

in the year 1950 leaving behind his four sons including the

appellant/plaintiff. After the death of the father of the appellant/plaintiff, the

tenancy of the suit premises was transferred in favour of the

appellant/plaintiff by M/s TISCO Ltd. and accordingly the appellant/plaintiff

was paying rent and other charges to M/s TISCO Ltd. and the defendant

was in possession of the suit premises on leave and licence of the

appellant/plaintiff. It was further contended that the plaintiff's father Radha

Raman Basak and defendant's father Gopi Pada Basak were brothers. Gopi

Pada Basak was a TISCO employee and his son Manindra Nath Basak was

permitted to run a business in the said shop premises by the father of the

plaintiff. The shop was lying vacant and was in occupation of the plaintiff.

The defendant passed Matriculation in the year 1967 and was sitting idle,

thereafter, he requested the plaintiff to allow him to occupy the said shop

no.13 where he wanted to run business and agreed to vacate the same as

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Second Appeal

No. 130 of 2010

and when it will be required by the plaintiff and accordingly the defendant

was allowed to occupy the said shop premises on leave and licence of the

plaintiff. It was further conte