Sankar Sanki vs Biswanath Sadhukhan & Ors
2022 Latest Caselaw 6317 Cal

06.09.2022 SL No.12 Court No.8 (gc) SA 580 of 1999

Sankar Sanki Vs.

Biswanath Sadhukhan & Ors.

The appellant is not represented, nor any

accommodation is prayed for on behalf of the appellant.

The second appeal has come up for admission. The

second appeal was presented with various defects and

ultimately cured on 15th May, 1999. Thereafter, no

attempt was made to move the second appeal for

admission.

The second appeal is directed against a decree of

affirmation by the First Appellate Court of judgment and

decree passed in T.S. No.227 of 1990 dated 30th

September, 1993. The plaintiffs filed a suit for eviction

and mesne profits. The eviction was on the ground of

default and reasonable requirement. Before the Trial

Court, the plaintiffs were able to establish both the

grounds. The learned Trial Court relied upon the cross-

examination of the D.W.1 and the rent receipt (Exhibit-

2(a)) which corroborated the statement of the plaintiffs

that the defendant paid rent up to December, 1989. The

service of notice of eviction was duly proved. The First

Appellate Court on consideration of the material on record

and on analysis of the oral and documentary evidence of

the parties arrived at the same finding. The concurrent

findings of facts of the Trial Court are based on cogent

evidence. There is no perversity noticeable.

In view of the aforesaid, we do not find any

substantial question of law involved in the second appeal

and dismissed at the admission stage.

The second appeal being SA 580 of 1999,

accordingly, stands dismissed.

However, there shall be no order as to costs.

This order shall immediately be communicated to

the learned Judge, 1st Court (Junior Division), Serampore,

Hooghly in T.S. No.227 of 1990 by the department

concerned.

(Uday Kumar, J.) (Soumen Sen, J.)