Md. Monirujjaman vs Mamata Ghosh & Anr
2023 Latest Caselaw 3044 Cal

28.04.2023 SL No.19 Court No.8 (gc)

SAT 249 of 2015 CAN 1 of 2015 (Old No: CAN 10563 of 2015)

Md. Monirujjaman Vs.

Mamata Ghosh & Anr.

The appellant is not represented, nor any

accommodation is prayed for on behalf of the appellant.

The appeal is of the year 2015. The matter initially

appeared in the Warning List on 6th March, 2023 and

thereafter transferred to the Regular List on 21st March,

2023. Since then the matter is appearing in the list. The

appellant has due notice about the listing of the matter.

The appeal is still defective.

We have read the judgment of the Trial Court as

well as the First Appellate Court and the grounds of

appeal in order to find out whether the second appeal

involves any substantial question of law.

The appellate judgment and decree dated 24th

February, 2015 dismissing the judgment and decree dated

30th August, 2013 passed by the Trial Court in a suit for

declaration and mandatory injunction is a subject matter

of challenge in this second appeal. The suit property was

claimed to be a dwelling house. It was filed under Section

44 of the Transfer of Property Act. The learned Trial

Judge on being satisfied that the property in question is a

dwelling house and taking into consideration the

documents showing the character of a scheduled property

as a dwelling house decreed the suit on contest. The

defendant No.1 and his agents were directed to be evicted

from the suit property. It was established at the trial that

the appellant/defendant No.1 is a stranger to the plaintiff

and he cannot claim possession, the only relief available

to him for partition.

On such consideration, we do not find any reason to

interfere with the order passed by both the Courts.

Accordingly, the second appeal stands dismissed at

the admission stage.

In view of dismissal of the second appeal at the

admission stage, the connected application also stands

dismissed.

However, there shall be no order as to costs.

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