LAWS(CAL)-2012-11-18

NAKARI SARKAR Vs. SAILENDRANATH BAKSHI

Decided On November 21, 2012
Nakari Sarkar Appellant
V/S
Sailendranath Bakshi Respondents

JUDGEMENT

(1.) Plaintiff is the appellant against the impugned judgment of remand passed by the learned Additional District Judge, 2nd Court, Burdwan, in Title Appeal No. 81/20 of 1986. The present appellant filed a suit for eviction against tenant Sailendranath Bakshi, the predecessor-in-interest of the present respondent after sending a notice to quit which returned with the remarks of the postal peon "not claimed". The appellant plaintiff landlord prayed for eviction on the ground of default and reasonable requirement The original defendant, Sailendranath Bakshi appeared and contested the suit by filing written statement denying the allegations of the plaint. Learned Trial Court framed several issues including an issue whether notice of ejectment was duly served upon the respondents and if so, the same was legal, valid and sufficient After contested hearing, learned Trial Court decreed the suit on the ground of reasonable requirement treating the notice as legal and valid and having proper service.

(2.) The original defendant tenant Sailendranath Bakshi preferred an appeal being Title Appeal No. 81/20 of 1986. After contested hearing learned Lower Appellate Court allowed the appeal by remanding back the matter to the Trial Court for fresh decision on the light of the observations made in the body of the judgment after giving sufficient opportunity to the parties to prove their respective cases including adducing evidence on producing document as the case may be.

(3.) Being aggrieved with the impugned judgment of remand this appeal has been filed. In spite of service of notice upon the heirs of original defendant since deceased they did not care to appear before this forum to contest this appeal.