Smt. Champa Senapati vs Sri Arun Karuri
2021 Latest Caselaw 4389 Cal

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23   24.08.2021

SA 240 of 2011

SAT 448 of 2010

Smt. Champa Senapati vs.

Sri Arun Karuri

Mr. Animesh Das Mr. Dipankar Ghosh ... for appellant

Mr. Das, learned advocate appears on behalf of

appellant, who was defendant in the suit for eviction of

licencee. He submits, both Courts erroneously found his

client to be licencee though she is tenant. By reason of

appellant having been sister-in-law of the owner, since

deceased and who was donor to plaintiff, no rent receipt

was granted or asked on payment of rent at Rs. 50/- per

month. Leaving that aside his client's main contention is

that the property, in which the demise, stands acquired

by Howrah Improvement Trust (H.I.T.). As such he

submits, a question be formulated on whether a suit for

eviction of licencee, in respect of an acquired property,

can be decreed?

We have perused judgments of the trial and

lower appellate Courts. The trial Judge referred to the

notice to quit given by plaintiff to appellant, not replied to.

On plaintiff's title said Court though said it was there to

decide status of defendant and not title of plaintiff, found

that there was recital of delivery of possession in the deed

of gift, implying acceptance and appellant could not prove

by cogent evidence that the property stood acquired. The

lower appellate Court concurred on all findings.

We do not see any question of law arising from

the judgments.

SA 240 of 2011 is dismissed.

(Arindam Sinha, J.)

(Saugata Bhattacharyya, J.)