GOUTAM LAHIRI Vs. MALAY KUMAR ADHIKARI

JUDGEMENT

(1.) This second appeal is directed against a judgment and decree passed by the learned Judge, IIIrd Bench, City Civil Court at Calcutta on 6th October, 2015 in Title Appeal No. 52 of 2010 reversing the judgment and decree dated 16th August, 2008 passed by the learned Judge, 5th Bench, Presidency Small Causes Court at Calcutta in Ejectment Suit No. 134 of 2003E at the instance of the defendants/appellants.

(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 the plaintiff's suit for eviction on the ground of reasonable requirement was decreed by the learned Trial Court in part. Though decree for cost was passed in the said suit, but no decree was passed for eviction of the defendants from the suit premises. The learned Trial Court held that the plaintiffs have not succeeded in proving their reasonable requirement of the suit premises.