Smt. Madhabi Hazra & Ors vs Sri Jagabandhu Sarkar & Ors
2023 Latest Caselaw 7306 Cal

18.10.2023.
 Item No. 9.
Court No. 13
    ap
                          S.A.T. No. 186 of 2023
                                    With
                          I.A. No. CAN 1 of 2023
                       Smt. Madhabi Hazra & Ors.
                                 Versus
                      Sri Jagabandhu Sarkar & Ors.

                 Mr. Partha Pratim Roy,
                 Mr. Javed K. Sanwarwala,
                 Mr. Dyutiman Banerjee,
                 Mr. Shariq Al. Sanwarwala.
                                              ...For the appellants.
                 Mr. Asit Baran Rout,
                 Ms. Sima Chatterjee,
                 Mr. Gautam Das.
                                          ...For the respondents.

1. The instant appeal is directed against judgment

and order dated 4th August, 2023 passed by the

learned Judge, 10th Bench, City Civil Court at Calcutta

in Title Appeal No. 71 of 2019. The subject matter was

a judgment dated 20th August, 2019 passed by the IInd

Bench Presidency Small Causes Court at Calcutta, in

Ejectment Suit No. 434 of 2009.

2. The suit is one for eviction on the grounds of

default in payment of rent and reasonable

requirement.

3. Counsel for the appellants would vehemently argue

that the reasonable requirement has not been satisfied

and is not evident from the evidence on record. As for

default in payment of rent, it is submitted that in an

earlier suit being Ejectment Suit No. 128 of 2003 in

proceedings under Section 7 of the West Bengal

Premises Tenancy Act, 1997, the appellants have paid

all the arrears of rent.

4. Counsel for the respondents/landlords submits

that the appellants have filed an application under

Section 47 of the Code of Civil Procedure, 1908

contending that the decree is not executable and such

application is being heard on contest.

5. In that view of the matter, list this appeal and the

application on 4th December, 2023 under the same

heading.

6. All parties are directed to act on a server copy of

this order duly downloaded from the official website of

this Court.

(Rajasekhar Mantha, J.)

(Supratim Bhattacharya, J.)