Aloke Kumar Modak & Ors vs Subimal Prakash Halder
2023 Latest Caselaw 3176 Cal

SAT 284 of 2015 Item-18. CAN 1 of 2015 (old CAN 5825 of 2015) 03-05-2023 CAN 2 of 2016 (old CAN 923 of 2016)

sg Madan Mohan Modak, since deceased, Ct. 8 represented by his heirs and legal representatives, namely, Aloke Kumar Modak & Ors.

Versus Subimal Prakash Halder

CAN 2 of 2016 (old CAN 923 of 2016) being the

application for substitution is appearing in the list by mistake. The

application was disposed of by the learned Registrar

(Administration) on 7th July, 2017.

The Computer Section department shall make appropriate

endorsement to that effect and the application shall not be shown

as pending.

In Re: SAT 284 of 2015 with CAN 1 of 2015 (old CAN 5825 of 2015)

The appellants are not represented nor any accommodation

is prayed for on behalf of the appellants.

The matter initially appeared in the warning list on 6 th

March, 2023 and thereafter transferred to the regular list on 21 st

March, 2023. There was a clear indication in the list that the

matter shall be transferred to the daily cause list on 21st March,

2023 and since then, the appeal is appearing in the list. In spite of

having due notice and knowledge that the matter is pending, the

appellants are not represented.

As on date, by reason of Section 2(g) of the West Bengal

Premises Tenancy Act, 1997, the appellants have no locus to stay

in the suit property.

We dismiss the second appeal at the admission stage since it

does not have any substantial question of law. In any event, we

have carefully read the judgments of the Trial Court as well as the

First Appellate Court and there cannot be any doubt that there was

sufficient evidence to show that the plaintiffs require the property

for reasonable requirement.

The appeal stands dismissed.

In view of the dismissal of the appeal, the stay application

being CAN 1 of 2015 (old CAN 5825 of 2015) stands also

dismissed.

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