LAWS(CAL)-2017-8-98

SANKAR MAJHI Vs. ASHIM MONDAL

Decided On August 01, 2017
Sankar Majhi Appellant
V/S
Ashim Mondal Respondents

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree dated 31st March, 2014 passed by the learned Additional District Judge, 13th Court, Alipore in Title Appeal No. 244 of 2013 reversing the judgement and decree dated 29th August, 2013 passed by the learned Civil Judge (Senior Division), 7th Court, Alipore in Title Suit No. 1051 of 2008 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 XLI Rule 11 of the Code of Civil Procedure or not.

(3.) Here is the case where we find that the plaintiff filed a suit for eviction of the defendant on revocation of licence. He claimed that he is the owner of 2 cottahs 8 chittaks of land comprising in part of R.S. Dag No.255. It is also alleged by the plaintiff that the defendant was inducted as a licensee in respect of a R.T.Shed measuring about 120 sq.ft. standing on the said plot of land. Since the defendant did not vacate the suit premises even after revocation of licence, the plaintiff filed the instant suit for eviction of the defendant from the suit premises.