Sg vs Ct. 8 Rabindranath Khan
2023 Latest Caselaw 3248 Cal

                                                 SAT 294 of 2015
Item-29.
           08-05-2023
                                             Chaya Khamurai & Ors.
  sg
                                                      Versus
             Ct. 8                             Rabindranath Khan.



                              The appellants are not represented nor any accommodation

                        is prayed for on their behalf.


                              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 21 st 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. The appellants have also not taken

                        any step to remove the defects as notified by the Additional Stamp

                        Reporter on 1st July, 2015. It is clear that the appellants are not

                        interested to proceed with the matter.


                              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

                        grounds of appeal.


                               The judgment of the First Appellate Court dated 25th

                         March, 2015 passed by the learned Civil Judge (Senior

                         Division), 3rd Court at Howrah affirming the judgment and

                         decree dated 30th June, 2010 passed by the learned Civil Judge

                         (Junior Division), 2nd Court at Howrah in a suit for eviction is the
                          2




 subject matter of challenge in this second appeal.


       It appears from the judgment of the Trial Court as well as

 the First Appellate Court that, Sova Rani Jati was a tenant in

 respect of one room, one kitchen under Joydeb Khan and after

 her demise, her daughter, Maya Mullick, used to reside in the

 said tenancy and Joydeb Khan instituted a suit, being Title Suit

 No. 217 of 1995 before the learned Civil Judge (Junior Division)

 2nd Court at Howrah against Maya Mullick in respect of the said

 tenanted premises and the suit was decreed in terms of

 compromise and thereafter, Maya Mullick vacated the tenanted

 portion and the present plaintiff started residing in the said

 premises.


       The plaintiff claimed to be in possession of one room and

 one kitchen. The plaintiff filed a suit for eviction on reasonable

 requirement in resect of other premises and evidence on record

 would show that the requirement of the plaintiff necessitated

 eviction of the plaintiff from the said premises. The relationship

 of landlord and tenancy was proved. Obtaining of possession of

 the respondent/plaintiff in the other suit property was inadequate

and insufficient. Moreover, the plaintiff was able to prove that

the defendants have acted contrary to Clauses M, O and P of

Section 108 of the Transfer of Property Act. This finding of facts

does not appear to be perverse.

On such consideration, we are of the view that this second

appeal does not involve any substantial question of law and we

also do not find any reason to interfere with the order passed by

the learned First Appellate Court affirming the judgment and

decree of the learned Trial Court.

The second appeal stands dismissed at the admission stage.

However, there shall be no order as to costs.

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