KRISHNA CHANDRA DAS Vs. GOPAL CHANDRA DEY

JUDGEMENT

(1.) This second appeal is directed against the judgment dated 27/2/2003 passed in Title Appeal No.30 of 2002 by learned Judge City Civil Court, 3rd Bench affirming the decree of eviction dated 31/1/2002 passed by learned Judge 2nd Bench Presidency Small Causes Court, Calcutta in Ejectment Suit No.861 of 2000.

(2.) The appellant/defendant has challenged the said judgment alleging inter alia that the impugned judgment of learned First Appellate Court was bad in law as the said judgment was passed without proper appreciation of evidence on record and that the learned Courts below failed to distinguish between comfort and bonafide requirements of landlords and that learned Courts below failed to recourse to Section 13(4) of W.P.T. Act when they found that landlords had some reasonable requirements. Accordingly, the second appeal has been filed by appellant/defendant praying for setting aside the impugned judgment of the First Appellate Court.

(3.) At the time of admission hearing this Court admitted this Second Appeal for consideration of following two legal issues namely;-