Jagdish Chandra Majumdar vs Smt. Arati Bala Seal & Anr
2022 Latest Caselaw 6631 Cal

Dl. September

10. 15, 2022 S.A. 29 of 2022

Jagdish Chandra Majumdar

Vs.

Smt. Arati Bala Seal & anr.

The appellant is not represented, nor any

accommodation is prayed on his behalf.

The appeal was earlier listed on October 1, 2021, but

none had appeared on behalf of the appellant to move the appeal for

admission. Thereafter the matter was again appearing in the list

since September 7, 2022. We, however, propose to decide the

question of admission of the present second appeal on the basis of

the materials available on record.

The judgment and decree of affirmation dated

November 28, 2005 passed by the learned Judge, Seventh Bench,

City Civil Court at Calcutta, in Title Appeal No. 93 of 2004 arising

out of judgment and decree dated August 30, 2004 passed by the

learned Judge, Second Bench, Small Causes Court at Kolkata, in

Ejectment Suit No. 1341 of 2000 is the subject matter of challenge

in this appeal.

There is a clear finding of fact by the first appellate

court as well as by the trial court with regard to the reasonable

requirement of the plaintiffs in respect of the suit premises. The said

finding is based on cogent evidence.

In view thereof, we do not find any reason to interfere

with the concurrent findings of fact arrived at by both the courts

below. Moreover, we find no substantial question of law involved in

this appeal for which the same is required to be admitted.

The second appeal is, therefore, summarily dismissed

under Order XLI Rule 11 of the Code of Civil Procedure.

In view of dismissal of the appeal, nothing remains to

be decided in the connected application for stay filed under CAN

3200 of 2006 and the same is also dismissed.

There will be no order as to costs.

                                                  ( Soumen Sen, J. )



dns                                               ( Uday Kumar, J. )