SRI KARTIC DEY Vs. SMT. NISHARANI BOSE

JUDGEMENT

(1.) This second appeal is directed against the judgement and order dated 7th March, 2017 passed by the learned Additional District Judge, Alipurduar in Title Appeal No. 17 of 2014 rejecting the appellant's application for condonation of delay in filing the appeal at the instance of the defendant/appellant.

(2.) Let us now consider the merit of the appeal to find out as to whether any substantial question of law is involved in this 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.) Here is the case where we find that the plaintiff/respondent filed a suit for declaration of her right, title and interest in respect of the suit property and for recovery of possession from the defendant. The defendant was described as a licensee in respect of the suit property. Since even after revocation of the licence of the defendant, the defendant did not vacate the suit premises, the plaintiff filed the suit for declaration and for recovery of possession.