SMT. SIPRA GHOSHAL Vs. SRI GOURCHAND PODDAR

JUDGEMENT

(1.) In this application under Section 5 of the Limitation Act the petitioners have prayed for, condonation of delay in preferring the second appeal against the judgment and decree passed by the learned Additional District Judge, 16th Court, Alipur, District 24 Paraganas, (South) in Ejectment Appeal No.22 of 2011.

(2.) Shortly stated, the facts giving rise to this application are that the petitioners as the landlords filed the suit, being Ejectment Suit No.288 of 2004, before the learned Civil Judge, Junior Division, 1st Court, Alipur, South 24 Paraganas, claiming a decree for his eviction against the respondent and recovery of possession of the suit property. The eviction suit was filed under the provisions of the West Bengal Tenancy Act, 1997 (in short "the Act of 1997"). On January 15, 2008 the learned trial Judge heard the suit ex parte and by the judgment and decree dated February 19, 2008 directed the opposite party to vacate and hand over possession of the suit property to the petitioners. Thereafter, the petitioners put the said eviction decree into execution and as per the order of the learned executing Court the court bailiff delivered vacant and peaceful possession of the suit property to the petitioners. Thereafter, challenging the said judgment and decree dated February 9, 2008 passed by the learned trial Judge the respondent filed an appeal under Section 43 of the Act of 1997, being O.A (P) No.1440 of 2008(LRTT), before the West Bengal Land Reforms and Tenancy Tribunal (hereinafter referred to as "the learned Tribunal"). After receiving the summons, the petitioners entered appearance in the said appeal before the learned Tribunal. On July 02, 2009 the appeal was taken up for hearing, when the petitioners were present before the learned Tribunal but the respondent did not appear and the learned tribunal dismissed the said appeal.

(3.) On December 03, 2009 the respondent filed an application, being Misc. Case No.743 of 2009 (LRTT), before the learned Tribunal for restoration of the said appeal by recalling the order dated July 02, 2009. By an ex parte order dated January 13, 2010 the learned Tribunal allowed the said Misc. Case No.743 of 2009 (LRTT) and recalled its earlier order dated July 02, 2009.