18.10.2023.
Item No. 9.
Court No. 13
ap
S.A.T. No. 186 of 2023
With
I.A. No. CAN 1 of 2023
Smt. Madhabi Hazra & Ors.
Versus
Sri Jagabandhu Sarkar & Ors.
Mr. Partha Pratim Roy,
Mr. Javed K. Sanwarwala,
Mr. Dyutiman Banerjee,
Mr. Shariq Al. Sanwarwala.
...For the appellants.
Mr. Asit Baran Rout,
Ms. Sima Chatterjee,
Mr. Gautam Das.
...For the respondents.
1. The instant appeal is directed against judgment and order dated 4th August, 2023 passed by the learned Judge, 10th Bench, City Civil Court at Calcutta in Title Appeal No. 71 of 2019. The subject matter was a judgment dated 20th August, 2019 passed by the IInd Bench Presidency Small Causes Court at Calcutta, in Ejectment Suit No. 434 of 2009.
2. The suit is one for eviction on the grounds of default in payment of rent and reasonable requirement.
3. Counsel for the appellants would vehemently argue that the reasonable requirement has not been satisfied and is not evident from the evidence on record. As for default in payment of rent, it is submitted that in an earlier suit being Ejectment Suit No. 128 of 2003 in proceedings under Section 7 of the West Bengal 2 Premises Tenancy Act, 1997, the appellants have paid all the arrears of rent.
4. Counsel for the respondents/landlords submits that the appellants have filed an application under Section 47 of the Code of Civil Procedure, 1908 contending that the decree is not executable and such application is being heard on contest.
5. In that view of the matter, list this appeal and the application on 4th December, 2023 under the same heading.
6. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.) (Supratim Bhattacharya, J.)