SARBANI SEN Vs. TAPAS KUMAR SAMANTA

JUDGEMENT

(1.) WHEN the appeal is called out for hearing, the learned Advocates for the respective parties submit that before proceeding with the hearing of the appeal the substantial questions of law, if any, should be formulated.

(2.) AFTER having heard the learned Advocate for the appellants, this court is of the view that this appeal should be heard on the following substantial questions of law:

(3.) HEARING is concluded. This court now proceeds to deliver the following judgement. The facts of the case very briefly is that the plaintiff/respondent filed a suit for eviction against the predecessor�in-interest of the present defendants/ appellants on various grounds including the ground of default in payment of rent, building and re-building, waste, negligence, annoyance having been caused to the plaintiff, unauthorized construction and the breach of the provisions of Clause (m), (o) and (p) of Section 108 of the Transfer of Property Act.