Amal Kumar Arhang vs Biswanath Safui
2023 Latest Caselaw 501 Cal

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19   17.01.2023

SAT 92 of 2016

With IA No. CAN 1 of 2016 (Old No. CAN 4099 of 2016)

Amal Kumar Arhang vs.

Biswanath Safui

The file is defective. All the defects as reported by

the Stamp Reporter in the report dated 06.08.2016 have not

yet been cured.

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.

There is no application for acceptance of the defiit

court fees filed on behalf of the period of limitation.

It appears that the appellant has filed this appeal

only to delay the execution of decree. The appellate

judgment and decree dated 11.09.2015 affirming the

judgment and decree dated 07.01.2011 in a suit for

ejectment is the subject matter of challenge in this appeal.

We have perused the order passed by the learned

trial court as well as the First appellate court. Both the

courts have arrived at a concurrent finding that there is

defect. Both the courts have concluded that having failed to

comply with the order, the appellant is not entitled to get

any benefit in view of Section 7(4) of the West Bengal

Premises Tenancy Act, 1997. From the document exhibited,

it is clear that the plaintiffs was able to prove his case for

eviction on the ground of default and reasonable

requirement.

The appeal, accordingly, stands dismissed at the

admission stage both on merits and at the admission stage.

This order shall be immediately communicated to

the learned Civil Judge, Junior Division, 1 st Court, Alipore,

South 24 Parganas for information and doing the needful.

Consequently, the connected application also stands

dismissed.

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