Ct-08 Sri Ajit Kumar Das vs Sri Kanailal Santra
2023 Latest Caselaw 1103 Cal

49      09.02.2023                      SAT 69 of 2016

Ct-08                                   Sri Ajit Kumar Das
                                                 Vs.
                                        Sri Kanailal Santra

ar

The appellant is not represented. The matter is appearing in the list since 6th February, 2023. Therefore, the appellant has due notice.

The appeal is defective since 7th March, 2016. Since then no attempt has been made to remove such defects.

The appellate judgment and decree dated 26th November, 2015 affirming the judgment and decree passed by the trial court on 31st January, 2013 in a suit for eviction is the subject matter of challenge in this second appeal. We have carefully gone through the judgment of the first appellate court and grounds of appeal as the appellant has not filed the certified copy of the judgment of the trial court.

The first appellate summarised the case made out by the parties. The suit for eviction was on the ground of default and reasonable requirement. It appears from the judgment of the first appellate court that the tenancy was validly determined by serving notice under Section 106 of the Transfer of Property Act. In case of termination under the Transfer of Property Act, there is no requirement for the lessor to give any reason to terminate the tenancy. The law is well settled in this regard. In view of the above, we do not find any reason to interfere with the judgment and order of the first appellate court.

On such consideration, the appeal is accordingly dismissed at the admission stage. Interim order, if any, stands vacated. There will be no order as to costs.

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