Ajoy Kumar Kundu vs Shyamapada Batabyal & Anr
2023 Latest Caselaw 306 Cal

10.01.2023 SL No.29 Court No.8 (gc)

SAT 543 of 2014 CAN 1 of 2015 (Old No: CAN 9944 of 2015)

Ajoy Kumar Kundu Vs.

Shyamapada Batabyal & Anr.

Mr. Gopal Chandra Ghosh, Mr. R. Mondal, ...for the Appellant.

The judgment and decree of the First Appellate Court

dated 24.07.2014 affirming the judgment and decree of the

Trial Court dated 31.07.2013 in a suit for eviction and

recovery of khas possession is a subject matter of challenge

in this second appeal. The suit was filed for eviction on the

ground of default and determination of the relationship by a

notice to quit under Section 106 of the Transfer of Property

Act. The plaintiff was able to prove both the grounds. The

service of notice was proved. The First Appellate Court also

affirmed the said judgment.

We have been informed by the learned Counsel for the

appellant that the decree has been executed.

Under such circumstances, the appeal and the

application stand dismissed.

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