Shyamal Ghosh vs Ranajit Kumar Nandy
2021 Latest Caselaw 2769 Cal

12.04.2021
 KC(5)
                                  S.A.T. 295 of 2018
                                   Shyamal Ghosh
                                       -versus-
                                 Ranajit Kumar Nandy
                                         With
                       CAN 1 of 2018 (Old CAN No. 8688 of 2018)



             Mr. Aniruddha Chatterjee,
             Mr. Debjit Mukherjee,
             Ms. Susmita Chatterjee,
             Mr. K. Bhattacharya......................For the appellant.

             Mr. Bratin Kumar Dey,
             Ms. Anjana Banerjee...................For the respondent.

This second appeal from a judgment and order

dated 28th May, 2018 made by the learned Civil Judge

(Senior Division), Serampore in Title Appeal No. 21 of

2016 is admitted on the following substantial question

of law.

Whether the learned court below made a gross error of law in failing to appreciate whether the respondent/plaintiff at all had any interest as a lessor in maintaining the subject suit for eviction against the defendant/appellant?

Since the respondent has appeared, service of

notice of appeal is waived.

Transmission of lower court records at the cost of

the appellant by special messenger by 11th June, 2021.

Advocate-on-record for the appellant will put in such

cost within a week.

The appellant will prepare informal paper books

and file the same in the department by 30th June, 2021,

serving copy thereof on the respondent at least seven

days before the date of hearing of the appeal.

List the connected application [CAN 1 of 2018

(CAN 8688 of 2018)] before the appropriate bench on

10th May, 2021, subject to its convenience.

(I.P. MUKERJI, J.)

(MD. NIZAMUDDIN, J.)