Calcutta High Court (Appellete Side)
196/2011 on 4 January, 2012
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
-:1:-
43 04.01.2012 S.A.T. 196 of 2011
rrc +
C.A.N. 5743 of 2011
Mr. Aniruddha Chatterjee
Mr. Kushal Chatterjee
........For the appellant
Mr. Souradipta Banerjee
Mr. Naba Kumar Das
Mr. P. C. Mitra
Ms. Chaitali Chakraborty
........For the respondents
This appeal will be heard on the following substantial questions of law :-
1. For that the decree of the Learned Appellate Court below is vitiated by erroneous findings of law and fact;
2. For that the Learned Appellate Court below erred in law and fact that the plaintiff/respondent cannot prove the case as they could not produce any scrap of paper or any doctor prescription as evidence that the plaintiff/respondent no. 2 reasonably require -:2:- the said room on ground floor due to heart problem;
3. For that the Learned Appellate Court below erred in law and fact that plaintiff/respondent has made out a case for reasonable requirement for her married daughter who lives in Australia and so she might come back from there and need an accommodation in the said premises but failed to proof the reasonable requirement as it is not sure that the daughter of the plaintiff/respondent will come back from Australia and moreover the relief of reasonable requirement must be fall within the reason of possibility or probability but must fall under certainty and in this case the plaintiff failed to prove the case.
Mr. Banerjee, Learned Advocate has already entered appearance on behalf of the respondents and accepts notice of appeal on behalf of them.
Therefore, the appeal is ready as regards service by -:3:- the appellant and formal service of notice of appeal on the respondent is dispensed with.
Let the Lower Court's records of this case be called for.
After arrival of the Lower Court's records, office shall examine the same and, if found complete, shall issue notice of arrival of Lower Court's records on the Learned Advocate for the appellant at once.
The appellant is directed to prepare and file requisite number of paper books, printed, typewritten or cyclostyled, as the case may be, out of Court, within a period of four weeks from the date of service of notice of arrival of the Lower Court's records on the Advocate for the appellant.
Liberty to mention.
Re: Application for stay (being C.A.N. 5743 of 2011) There will be a stay in connection with the -:4:- Ejectment Execution Case No. 134 of 2011 and such stay will continue till 31st March, 2012.
( PINAKI CHANDRA GHOSE, J. ) ( DR. MRINAL KANTI CHAUDHURI, J. )