Sankar Bhagat vs Ramesh Show @ Sha
2022 Latest Caselaw 6414 Cal

08.09.2022 SL No.35 Court No.8 (gc) SA 95 of 2021

Sankar Bhagat Vs.

Ramesh Show @ Sha

The second appeal appeared in the daily list on 25th

July, 2022 and no interest was shown by the appellant to

move the second appeal.

The appellant is also not represented today nor any

accommodation is prayed for on behalf of the appellant.

Although, the appellant has sufficient knowledge and

notice of the listing of this matter.

The second appeal was presented on 13th January,

2010, however, no attempt was made to move the second

appeal for admission. The First Appellate Court has

reversed the judgment and decree dated 28th November,

2003 passed by the learned Civil Judge in a suit for

eviction. The learned Trial Judge declined to decree the

suit on the ground that the plaintiff was unable to

establish reasonable requirement. The evidence that had

come on record would show that the plaintiff had three

adult sons. The three rooms are insufficient to provide

accommodation to the three sons in the event of their

marriage. One of the sons has stated that he could not

marry due to lack of accommodation. P.W.3 is the

destitute sister of the appellant who resides in a rented

accommodation. These evidences have not been shaken

during cross-examination but appeared to have been

overlooked and ignored by the learned Trial Judge.

During the pendency of the appeal, the plaintiff/appellant

produced the registered partition deed as an additional

evidence and was marked as Exhibit-5. The said partition

deed, in fact, advanced the case of the appellant for need

of those rooms for proper enjoyment of the property.

Those rooms are reasonably required. No evidence has

come on record to show that the plaintiff has any other

accommodation.

On the basis of the evidence on record, we feel that

the First Appellate Court has justified in accepting the

case of reasonable requirement. We do not find any

perversity in the findings arrived at in the First Appellate

Court on the basis of the evidence on record. There is no

substantial question of law is involved in this second

appeal.

The second appeal, accordingly, stands dismissed at

the admission stage.

However, there shall be no order as to costs.

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