LAWS(CAL)-2023-3-58

PUNYABRATA DUTTA Vs. PRATUL SAHA

Decided On March 29, 2023
Punyabrata Dutta Appellant
V/S
Pratul Saha Respondents

JUDGEMENT

(1.) These are the tenants'/defendants' second appeals against the appellate decrees of eviction passed in two ejectment suits. The said two suits were heard analogously and were allowed by a common judgment but by two separate decrees both dated January 31, 2008. The appeals of the tenants against the said decrees were dismissed. S.A. 49 of 2013 is directed against the appellate decree dated April 30, 2011 passed in Title Appeal No. 111 of 2008 arising out of the Title Suit No. 70 of 1980 whereas S.A. 50 of 2013 is directed against the appellate decree dated April 30, 2011 passed in the Title Appeal No. 110 of 2008 arising out of Title Suit No. 43 of 1980.

(2.) The instant second appeals were admitted under Order XLI Rule 11 of the Code of Civil Procedure to answer the following five substantial questions of law.

(3.) This Court, subsequently felt necessary to formulate following two additional substantial questions of law:-