NILIMA MUKHERJEE Vs. KANTA BHUSAN GHOSH

JUDGEMENT

(1.) Leave is granted.

(2.) This appeal is directed against the order dated 28-6-2000 passed by the Calcutta High Court in SAT No. 2519/2000. The High Court has dismissed the second appeal in limine.

(3.) The respondent herein filed a suit for ejectment of the appellant from ground floor of the house situated at 9/3, Prince Anwar Shah Lane, Calcutta. One Ramesh Chand Ganguly was inducted as a tenant by the respondent in respect of the said ground floor. Late Ramesh Chand Ganguly died intestate on 15-11-87 leaving to heir or heirs. According to the respondent, on the death of late Ramesh Chand Ganguly the tenancy became extinct. The appellant, the daughter of one Parmatha Nath Banerjee, broher-in-law of Ramesh Chand Ganguly used to reside in the suit premises. The respondent asked the appellant to vacate the suit premises alleging that she was a trespasser. The appellant took the plea that she was the adopted daughter of late Ramesh Chand Ganguly. On these facts, the suit for eviction was filed with was decreed by the trial Court and affirmed by the appellate Court. As stated above, the second appeal was also dismissed. The only point for determination is whether the appellant was the adopted daughter of late Ramesh Chand Ganguly.