Lakshman Mondal vs Sukumar Das
2023 Latest Caselaw 632 Cal

SAT 334 of 2016 Item-51. CAN 1 of 2016 (old CAN 7892 of 2016) 19-01-2023

sg Ct. 8 Lakshman Mondal Versus Sukumar Das

The matter initially appeared in the warning list on 29 th

November, 2022 and thereafter transferred to the regular list on 5 th

December, 2022. There was a clear indication in the list that the

matter shall be transferred to the daily cause list on 5th December,

2022 and since then the appeal is appearing in the list.

The appeal is defective. Earlier on 30th August, 2016, a

coordinate Bench granted leave to the appellant to rectify the

defects. However, no attempt has been made since then till date to

remove the defects.

We could have dismissed the appeal for non-removal of the

defects. However, we propose to have a look at the judgments of

both the courts in order to find out whether the second appeal

involves any substantial question of law.

We have also read the memorandum of appeal.

The judgment of the first appellate court dated 26 th April,

2016 affirming the judgment and decree passed by the trial court on

22nd September, 2014 in a suit for eviction, inter alia, on the ground

of reasonable requirement is the subject matter of challenge in this

second appeal.

Both the courts, on consideration of the evidence - oral and

documentary, including the evidence of the Commissioner

appointed by the first appellate court - have arrived at a finding that

the present accommodation of the plaintiff is inadequate

considering the need and composition of his family. The

requirement of the plaintiff does not appear to be illusory.

On such consideration, we do not find any reason to

interfere with the concurrent findings of fact on this issue.

The second appeal fails. However, there shall be no order as

to costs.

In view of the dismissal of the second appeal, the connected

applications also stand dismissed.

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