ACHINTYA SAMANTA Vs. ASIM BERA & ANR

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree dated 30th August, 2016 passed by the learned Civil Judge, Senior Division, 1st Court at Tamluk, Purba Medinipur, in Other Appeal No. 8 of 2016 affirming the judgment and decree passed by the learned Trial Judge and also by allowing the Cross Objection filed by the plaintiff/ respondent at the instance of the defendant/appellant.

(2.) Let us now consider 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.

(3.) Here is the case where we find that the plaintiff filed a suit for eviction of the tenant by terminating the tenancy of the defendant by service of notice under Section 106 of the Transfer of Property Act. Though no ground is required to be proved by the plaintiff for obtaining a decree for eviction in such a suit, but several grounds were mentioned as the foundation of the said suit. The defendant contested the said suit by filing written statement denying the allegations made therein. However, service of notice was not denied by the defendant, on the contrary such service was virtually admitted by the defendant as the defendant replied to the plaintiffs' said notice under Section 106 of the Transfer of Property Act.