Rekha Kundu And Ors vs Sujit Kumar Mukherjee And Ors
2022 Latest Caselaw 5544 Cal

17.08.2022
 KC(9)

                                S.A.T. 396 of 2018
                              Rekha Kundu and Ors.
                                     -versus-
                         Sujit Kumar Mukherjee and Ors.
                                       With
                                  CAN 1 of 2021
                                       With
                                  CAN 2 of 2022
                                       With
                                  CAN 3 of 2022
                                    (Not in file)



             Mr. Tapas Kumar Manna,
             Ms. Anindita Majumder...............For the appellants.

             Mr. Animesh Das.......................For the respondents.

Re: CAN 1 of 2021.

This is a restoration application. Sufficient cause

is shown.

The order dated 5th December, 2019 is set aside.

The second appeal (SAT 396 of 2018) is restored

to its original file and number.

The application for restoration (CAN 1 of 2021) is

allowed.

Re: S.A.T. 396 of 2018.

While considering whether to admit this second

appeal or not, we heard learned counsel for the

appellants as well as the respondents.

On an examination of the impugned judgment

and decree of the first appellate court dated 14th

August, 2018 we find that the learned judge has given

adequate reasons to hold that the respondents/

plaintiffs reasonably required the subject flat of which

the appellants were tenants for the occupation of

respondent/plaintiff no. 1 himself and his family which

included a married daughter.

By no stretch of imagination the finding of facts

could be termed as perverse so as to give rise to a

substantial question of law. No other question was

raised.

Hence, we are of the view that no question of law,

leave alone any substantial question of law, is involved.

We find no reason to admit this second appeal.

Considering the facts and circumstances of the

case, we grant the appellants time till the end of

February, 2023 to vacate the suit premises.

The execution proceeding shall not proceed till

28th February, 2023. Execution proceeding, if initiated

may proceed on and from 1st March, 2023. If not

initiated, execution proceedings may be commenced

from 1st March, 2023.

Considering the last rent paid, the appellants

shall pay from September, 2022, by the 7th of each and

every month in advance, occupation charges @ Rs.

500/- (Five Hundred) per month to the respondents.

The appeal (S.A.T. 396 of 2018) is disposed of.

Connected applications (CAN 2 of 2022 and CAN

3 of 2022) are also disposed of.

(I.P. MUKERJI, J.)

(SUBHENDU SAMANTA, J.)