Amalgamated Fuels Limited vs Abdul Kader Mallick And Anr
2025 Latest Caselaw 3529 Cal/2

Calcutta High Court

Amalgamated Fuels Limited vs Abdul Kader Mallick And Anr on 17 December, 2025

Author: Debangsu Basak

Bench: Debangsu Basak

OD-7
                       IN THE HIGH COURT AT CALCUTTA
                          CIVIL APPELLATE JURISDICTION
                                 ORIGINAL SIDE

                                  APO/74/2025
                                     WITH
                                  CS/218/2021

                        AMALGAMATED FUELS LIMITED
                                   VS
                       ABDUL KADER MALLICK AND ANR.

BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
AND
The Hon'ble JUSTICE MD. SHABBAR RASHIDI
Date :December 17, 2025.
                                                                        Appearance:
                                                               Mr. SarosijDasgupta, Adv.
                                                              Mr. Suman Majumder, Adv.
                                                                      ...for the appellant.


       The Court: The appeal is at the behest of a plaintiff. Appeal is directed

against the order dated July 25, 2025 passed in GA/2/2022 in CS/218/2021.

       The appellant as the plaintiff filed a suit for eviction of the respondent as

defendant from an immovable property. Respondent as defendant filed written

statement. Thereafter, the appellant as the plaintiff filed an application for

judgment on admission being GA/2/2022. Neither in the application, nor in

the application for judgment on admission, does the appellant make out a case

that, the respondent herein admitted the tenancy and wanted to vacate the

premises.

Four letters are disclosed in the affidavit-in-reply filed in the application

for judgment on admission before the learned Trial Judge. Two of the letters

are by the appellant. Two others are at the behest of the respondent.

According to the appellant, these four letters establish that, the

respondent wanted to become a tenant under the appellant. Those letters also

disclose the names of the occupiers of the immovable property concerned as

also the relationship between the appellant and such occupiers.

We find from the records that, the respondent filed written statement

claiming adverse possession. As noted above, neither in the plaint, nor in the

application for judgment on admission contains pleadings or reference to the

four letters which were sought to be introduced subsequently in the affidavit-

in-reply.

Be that as it may, we are of the view that, those four letters read as a

whole, does not establish that, there was a jural relationship between the

appellant and the respondents in the manner as claimed that is, of landlord

and tenants. What, the letters suggest is that there was an approach by the

respondent for creation of a tenancy in their favour by the appellant which the

appellant did not agree to do.

In such circumstances, we are of the view that, there being no admission

made on behalf of the respondents warranting passing of a decree by the

learned Single Judge, there is no error in the impugned order dated July 25,

2025.

Issues raised by the parties in the suit may be decided at the trial.

APO/74/2025 along with connected applications are disposed of, without

any order as to costs.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.)

KB AR (CR)