Kazi Jalilur Rahaman vs Sanjib Kumar Chakrborty & Anr
2023 Latest Caselaw 500 Cal

                                      1




20   17.01.2023

SAT 211 of 2016

Kazi Jalilur Rahaman vs.

Sanjib Kumar Chakrborty & anr.

The file is defective as reported by the Stamp

Reporter in its report dated 09.06.2016. It appears that the

Coordinate Bench of this Court dated 05.02.2020 adjourned

the matter on the prayer of the appellant that the appellant

would remove the defects as pointed out within two weeks,

in default, the appeal would stand dismissed without

however any further reference to the Court.

This matter was appearing in the Warning List of

cases since 29.11.2022 until it was transferred to the

regular list on 05.12.2022 and since then the matter is

appearing in the list. The appellant is served due notice

about the pendency of the appeal which clearly shows that

the appellant is not interested to proceed with the appeal.

No steps have been taken to remove the defects either.

The Section Officer, Superintendent of Stamp

Reporter Section dated 04.01.2023 shows that the defects

as pointed out by the Stamp Reporter in a report dated

09.06.2016 has not been removed. In view of the failure to

remove the defects, the Stamp Reporter is unable to opine

as to whether the appeal is barred by limitation or any

stamp duty has been paid.

We have perused both the judgment and decree of

learned trial court. Learned trial court decreed the suit on

arriving at a conclusion and clear finding that the appellant

is a habitual defaulter and the tenancy is determinable by

serving a notice under Section 106 of the Transfer of

Property Act. The service of notice was duly proved.

On such consideration, we do not find any reason

to interfere with the order passed by both the Courts.

Concurrent findings are based on evidence. The other

report liable to be dismissed for non-removal of the defects.

Hence, the instant appeal stands dismissed

however without any order as to costs.

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