Calcutta High Court (Appellete Side)
Biswanath Banerjee vs Smt. Chhanda Bhattacharjee on 17 February, 2023
Author: I.P. Mukerji
Bench: I.P. Mukerji
12 17.2.23 IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
S.A.T. 244 of 2022
With
CAN 1 of 2022
Biswanath Banerjee
Vs.
Smt. Chhanda Bhattacharjee
Mr. Rahul Karmakar
Ms. Sohini Bhattacharyya
Ms. Ruchitra Sharma ... For the Appellant.
Re: CAN 1 of 2022
We are of the view that the presence of the
respondent is required to consider the case of the
appellant for admission of the appeal.
List the appeal and the connected application on 6th March, 2023.
The appellant is to file an affidavit of service before the returnable date.
Considering the prima facie case made out by Mr. Rahul Karmakar, learned advocate for the appellant that the notice to quit was invalid, that the ground of reasonable requirement has not been made out by the respondent/plaintiff and the balance of convenience, the respondent shall not proceed with the Ejectment Execution Case No. 150 of 2017 till 17th March, 2023 or S.D. until further orders, whichever is earlier.
(I.P. Mukerji, J.) (Biswaroop Chowdhury, J.) 2