Md. Mostak Hossain vs Md. Adil Hossain
2022 Latest Caselaw 5314 Cal

11.08.2022
Sl. 4                 (Via Video Conference)
Ct.No. 3
Amalranjan
             IN THE HIGH COURT AT CALCUTTA
              CIVIL APPELLATE JURISDICTION
                     APPELLATE SIDE

                         SAT 38 of 2022

                 Md. Mostaque Hossain @
                  Md. Mostak Hossain
                          Vs.
                    Md. Adil Hossain
                          With
                     CAN 1 of 2022


              Mr. Shaunak Bhattacharyya
              Mr. Asif Dewan
                               ...for the defendant/appellant

              Mr. Anit Kumar Das
              Ms. Rupsha Chakraborty
                                ...for the plaintiff/respondent

Re: CAN 1 of 2022 (stay)

After hearing learned counsel for the

parties, we admit this second appeal from the

judgment and decree dated 27th January, 2022

passed by the learned Additional District Judge,

1st Court, Malda in O.C. Appeal Case No. 04 of

2020 on the following substantial questions of

law:

a. Were the application of principles of law

by the learned judge and the findings

arrived at by her on the question of

reasonable requirement so erroneous

that the impugned judgment and decree

could be termed as perverse?

b. Whether on the facts and in the

circumstances of the case, the alleged

agreement between the parties for sale of

the demised property determined their

relationship as landlord and tenant or

prevented the respondent from asserting

the relationship?

As the respondents are represented by

learned counsel, issuance and service of the

notice of appeal are dispensed with.

We expedite hearing of the appeal.

Transmission of the lower court records is

dispensed with for the time being. We shall only

call for them if and when required.

The advocate on record for the appellant is

to prepare and file the requisite number of

informal paper books by 16th September, 2022,

serving at least one copy thereof on the advocate

on record for the respondents not later than 5

days before the date of hearing of the appeal.

All other formalities regarding preparation of

paper books are dispensed with.

The appeal is to be heard by a learned single

judge. Let this stay application (CAN 1 of 2022)

be placed before the appropriate bench, subject

to its convenience.

In the meantime till 31st August, 2022 or

until further order, whichever is earlier the

respondent will not proceed with the execution of

the impugned decree.

( Subhendu Samanta,J. ) ( I. P. Mukerji,J. )