Calcutta High Court (Appellete Side)
Basudev Kundu vs Ramesh Prasad Mondal & Anr on 2 May, 2017
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
2.5.2017
Item No. 101
Court No. 14
ac
S.A.T. 100 of 2017
(CAN 2789 of 2017)
Basudev Kundu
-versus-
Ramesh Prasad Mondal & Anr.
Mr. Biswajit Basu,
Mr. Susenjit Banik,
Mr. Huzefa Palitanawala.
... For the Appellant.
This second appeal will be heard on the following substantial questions of law :
i) Whether the judgment and decree passed by the learned Appeal Court is capable
of execution and if not requires interference by this Court or not?
ii) Whether the learned Court of appeal below has committed substantial error of
law in setting aside the judgment and decree of learned Trial Court only after
reversing the finding of the learned Trial Judge on issue no. 6 without
appreciating that the ejectment suit itself is not maintainable for want of
notice as contemplated under Section 6(4) of the West Bengal Premises Tenancy
Act, 1997?
iii) Whether the learned Judge of the appeal court below has committed
substantial error of law in allowing the appeal without considering the fact
that the plaintiffs/respondents have failed to establish any of the grounds of
eviction of a tenant as enshrined under Section 6(1) of the West Bengal Premises Tenancy Act, 1997?
Issue usual notice. Call for the lower court's record. Re : CAN 2789 of 2017.
The appellant is directed to serve copy of this application upon the respondents intimating that this application will be listed for hearing four weeks after the reopening of the Court after the summer vacation. Such service will be effected by speed post or by registered post with A/d. The petitioner is directed to file affidavit of service on the next date of hearing.
Let this matter appear in the list four weeks after the reopening of the Court after the summer vacation before the appropriate Bench.
(Jyotirmay Bhattacharya, J.) (Asha Arora, J.) 1 2