Calcutta High Court (Appellete Side)
Kalyan Shaw & Anr vs Raj Chakraborty on 7 April, 2015
Author: Nishita Mhatre
Bench: Nishita Mhatre
07.4.2015
Item No. 2
Ct. No.17
AB
S.A.T 476 of 2014
+
C.A.N. 2550 of 2015
In the matter of: Kalyan Shaw & Anr.
-versus -
Raj Chakraborty.
Mr. Sabyasachi Bhattacharya
Mrs. Sohini Chakraborty
....for the Appellants
Mr. B. K. Banerjee
Mr. Arnab Roy
Ms. Pryanka Mondal
.... For the Respondent
The appeal will be heard on the following substantial questions of law:
1. Whether, in view of the transfer of the suit property in favour of the Respondent the Debuttar character is lost and the same became subject to the rigours of the West Bengal Thika Tenancy Act, 2001?
2. Whether, the learned Courts below had jurisdiction to decide the question as to whether the property is thika tenancy or not in view of the specific bar stipulated in Section 5(3) of the West Bengal Thika Tenancy Act, 2001?
3. Whether, both the learned Courts below substantially erred in law in passing a Decree for eviction against the Appellants, who are on the face of the records the owners of the suit structure, on the perverse ground that they are the tenants thereof?
Issue usual notices. The learned Advocate for the respondent is present in Court, accepts the notice of appeal on behalf of the respondent. Therefore, service of notice of appeal on the respondent is dispensed with.
Call for the Lower Court Records. Let requisite number of informal paper books be prepared within eight weeks from date.
The respondent undertakes to prepare the paper books. Let the Lower Court Records of this case be called for immediately. He also undertakes to pay the Special Messenger costs to bring the lower court record. Let it be put in within one week.
After arrival of the lower court records, office shall examine the same and if found complete, shall serve notice of arrival of lower court records on the learned Advocate for the appellant at once.
The appellant is given liberty to prepare and file requisite number of informal 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 records on the learned Advocate for the appellants.
In Re: CAN 2550 of 2015 (Stay) The application has been filed for stay of further proceedings in Ejectment Execution Case No. 5 of 2009 and Ejectment Execution Case No. 9 of 2014. The learned Counsel for the respondent states that an application has been filed by the respondent for withdrawal of Ejectment Execution case No. 9 of 2014 before the Trial Court, that application is still pending. Further proceedings in Ejectment Execution Case No. 5 of 2009 and Ejectment Execution Case No. 9 of 2014 are stayed. However, this will not preclude the Trial Court from allowing the respondent to withdraw the Ejectment Execution Case No. 9 of 2014.
The respondent may file their opposition to this application for interim order within three weeks. The appellants may file their reply to the affidavit -in-opposition within two weeks.
The stay of the aforesaid proceedings shall continue till 8th June, 2015.
Place the matter on board on 4th June, 2015.
(Nishita Mhatre,J.) (Asha Arora,J.)