MANJUSREE DAS Vs. BARUNA MUKHERJEE

JUDGEMENT

(1.) THE judgment and order impugned in this first miscellaneous appeal bears reflection of complete non-application of mind by the learned Additional District Judge, 1st Court, Howrah while interfering with the judgment and decree passed by the learned Civil Judge (Junior Division), 2nd Court, Howrah and in remanding the suit for eviction filed by the appellant for consideration of two additional issues that were framed by him.

(2.) THE appellant instituted a suit (T.S. No. 58 of 2000) against the predecessor-in-interest of the respondents under the West Bengal Premises Tenancy Act, 1956 for his eviction from the suit property (the tenanted premises) on the ground of default and reasonable requirement as well as restoration of possession. The learned trial judge framed the following issues for decision:

(3.) THE respondents carried the judgment and decree of the learned trial judge in appeal (T.A. No. 74 of 2006). By his judgment and order dated August 25, 2006, the learned judge of the lower appellate court upheld the decision of the learned trial judge in respect of issues 1, 2, 3, 5 and 6; however, the decision regarding issues 4 and 7 were set aside and the learned trial judge on remand of the suit was directed to give his decision on the following two additional issues: