TAPAN KUMAR CHAKRABORTY Vs. CHATTER SINGH BAID

JUDGEMENT

(1.) This second appeal is directed against a judgement and decree passed by the learned Judge, 7th Bench, City Civil Court at Calcutta on 3rd September, 2014 in Title Appeal No. 5 of 2007 reversing the judgement and decree dated 15th September, 2006 passed by the learned Judge, 4th Bench, Small Causes Court at Calcutta in Ejectment Suit No. 1915 of 2000 at the instance of the defendant/appellant.

(2.) While considering this appeal at the stage of hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure, we have heard Mr. Chakraborty, learned advocate appearing for the defendant/appellant and have considered the judgements and decrees of the learned courts below.

(3.) Here is the case where we find that the plaintiff/respondent filed a suit for eviction on the ground of default in payment of rent and also on the ground of subletting. The tenant ultimately got the relief for eviction under Section 17(4) of the West Bengal Premises Tenancy Act, 1956. The learned Trial Judge held that the plaintiff/landlord has failed to prove the ground of subletting. As a result, the suit was dismissed.