AROBINDO SAHA AND OTHERS Vs. NOWSER ALI KHAN

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree dated 25th April, 2014 passed by the learned Civil Judge (Senior Division), 1st Court at Howrah in Title Appeal No. 42 of 2012 reversing the judgement and decree dated 13th Feb., 2012 passed by the learned Civil Judge (Junior Division), 2nd Court at Howrah in Title Suit No. 181 of 2010 at the instance of the defendants/appellants.

(2.) Let us now consider as to whether any substantial question of law is involved in this second appeal for which the appeal is required to be admitted for hearing under the provision of Order 41, Rule 11 of the Code of Civil Procedure or not.

(3.) The instant second appeal arises out of a suit for eviction of trespassers. The plaintiff claims that the plaintiff is a tenant in respect of the suit premises. Since the property is under the possession of the Receiver, the plaintiff used to pay rent to the Receiver.