SUSHIL KUMAR CHATTERJEE Vs. PALASH KONAR

JUDGEMENT

(1.) These two second appeals are at the instance of the defendant/tenant in two suits for eviction. Both the appeals have been admitted under Order XLI Rule 11 of the Code of Civil Procedure to answer the following common substantial questions of law, as such are taken up for analogous hearing and disposal:-

(2.) The appellant was a tenant under the respondent in respect of two tenancies comprised in L.R. Plot No. 213 under Mouza Kamrangoo District. Howrah. The plaintiff filed the said two suits before the 5th Court of learned Civil Judge (Junior Division), Howrah for eviction of the appellant from the said two tenancies. The said suits being Title Suit No. 12 of 2016 and Title Suit No. 13 of 2016 were decreed on May 03, 2018 and May 02, 2018 respectively. The defendant challenged the said two decrees in two appeals being Title Appeal No. 132 of 2018 and Title Appeal No. 131 of 2018. The 3rd Court of learned Additional District Judge, Howrah by the judgments and decrees, both dated February 28, 2019 has dismissed the said two appeals. S.A. 209 of 2019 is directed against the appellate decree passed in the said Title Appeal No. 131 of 2018 and S.A. 210 of 2019 is directed against the appellate decree passed in Title Appeal No. 132 of 2018.

(3.) The tenancies of the appellant were not protected by the rent control legislation i.e. The West Bengal Premises Tenancy Act, 1997. The appellant though tried to dispute the ownership of the respondent over the suit properties but the learned Trial Judge on evidence found that the jural relationship of tenant-landlord between the appellant and the respondent is an admitted position. The appeal Court below by the impugned judgments and decrees has affirmed the said findings of the learned Trial Judge. To answer the substantial questions of law formulated in the present second appeals and there being no challenge either to the said concurrent findings of the Courts below, the said issue need not be re-opened.