Calcutta High Court (Appellete Side)
Mr. Hrishikesh Jana vs Amar Nath Pramanick And Another on 17 December, 2024
D/L.71.
December 17, 2024.
MNS.
SAT No. 213 of 2023
Mr. Hrishikesh Jana
Vs.
Amar Nath Pramanick and another
Mr. Sharnya Chatterjee,
Mr. Shuvam Ghosh,
Mr. Anshunath Chakraborty,
Mr. Gourab Mukhopadhyay
... for the appellant.
1. The present Second Appeal will be heard on the
following substantial question of law:
Whether the learned Judge of the First
Appellate Court committed a substantial error of
law in granting eviction against the
defendant/appellant on the ground of
reasonable requirement in the teeth of the
specific admission of the plaintiffs/landlords to
the effect that they are in occupation of at least
14/15 rooms apart from the suit shop room on
the ground floor of the suit building, coupled
with the failure of the plaintiffs to prove by
cogent evidence that the said rooms are
tenanted, particularly in view of the plaintiffs
having not sought any local inspection in
respect of the said other rooms on the ground
floor of the suit building.
2. Issue usual notices.
3. Call for the records.
Re: CAN 1 of 2024 (stay application)
4. In view of a prima facie case having been made
out, there shall be stay of all further proceedings
2
in Ejectment Execution Case No. 37 of 2024
arising out of Ejectment Suit No. 22 of 2010
pending before the Second Bench, Presidency
Small Causes Court at Calcutta, till disposal of
the application for stay.
5. The appellant/petitioner shall serve copies of
the application for stay on the
respondent/opposite parties indicating that the
said application shall be listed in the monthly list of January, 2025 before the appropriate Bench having determination.
6. The appellant/petitioner shall file an affidavit-of- service to that effect on the next returnable date before that Bench.
7. It is made clear that the question of imposition of occupation charges as a condition precedent of further continuance of the stay is left open for being decided at the final hearing of the application.
(Sabyasachi Bhattacharyya, J.) (Partha Sarathi Sen, J.)