LAWS(CAL)-2012-6-71

SABITRI KUMAR Vs. SAROJ KR MONDAL

Decided On June 14, 2012
Sabitri Kumar Appellant
V/S
Saroj Kr Mondal Respondents

JUDGEMENT

(1.) The application filed under Order IX Rule 13 of the C. P. C. was rejected by the learned trial Judge on the ground that the petitioner has failed to substantiate sufficient cause for recalling of the said decree. The learned Appellate Court also concurred with the said finding. It appears that a suit for eviction was filed in the year 1986 on the ground of reasonable requirement.

(2.) The original defendant initially appeared in the suit and filed an application under Section 17(2) of the West Bengal Premises Tenancy Act and deposited rent up to the month of July, 1990.

(3.) In view of the fact that such evidence of the son and other persons were hear-say evidence, their evidence was disbelieved inasmuch as such evidence was not corroborated by any other cogent material evidence.