DHIRAJ NATH Vs. SUDHIR KUMAR GUPTA

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 3rd February, 2017 passed by the learned 13th Court of Additional District Judge, Alipore, in Title Appeal No. 124 of 2013 affirming the judgment and decree dated 26th March, 2013 passed by the learned Civil Judge, Senior Division, 9th Court at Alipore in Title Suit No. 98 of 2004 at the instance of the plaintiff/appellant.

(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.

(3.) Here is the case where we find that the plaintiff filed a suit for eviction against the defendant on various grounds, including the ground of reasonable requirement. He claimed that he reasonably required the suit premises for his own use and occupation. It is alleged by the plaintiff that the suit premises which was a shop room was reasonably required by him for starting a business therein for augmentation of income of the plaintiff's family. The defendant contested the said suit by filing written statement denying the material allegations made out in the plaint.