RABINDRA CHANDRA SAHA, ON HIS DEATH RANU SAHA & ORS Vs. NETAI CHAND ROY, ON HIS DEATH GOURI ROY & ORS

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 16th March, 2017 passed by the learned Judge, VIIth Bench, City Civil Court at Calcutta in Title Appeal No. 66 of 2012 affirming the judgment and decree dated 30th August, 2012 passed by the learned Judge, 6th Bench, Presidency Small Causes Court at Calcutta in Ejectment Suit No. 167 of 2003 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 XLI Rule 11 of the Code of Civil Procedure or not.

(3.) The instant second appeal is directed against concurrent findings of fact arrived at by both the learned courts below. The learned Trial Judge passed the decree for eviction against the original defendant, since deceased on both the grounds (i) for default in payment of rent and (ii) for reasonable requirement of the original plaintiff, since deceased. Learned first Appellate Court affirmed the said findings of the learned Trial Judge and maintained the decree for eviction passed by the learned Trial Judge on both the aforesaid grounds.