DEBABRATA BISWAS Vs. SUDHANGSU SEKHAR MITRA

JUDGEMENT

(1.) The appellant after having suffered an eviction decree from the trial court which was affirmed by the 1st Appellate Court preferred SAT 379 of 2015 before this Court assailing the judgment and decree passed against him by the learned trial court and affirmed by the 1st Court of Appeal.

(2.) The instant application has been filed by the appellant (hereafter described as the petitioner) praying for stay of operation of the judgment and decree dated 28th may, 2015 till disposal of the 2nd Appeal.

(3.) The respondent/opposite party has been contesting the aforesaid application by filing an affidavit-in-opposition. It is alleged by the respondent that the suit premises consists of three bedrooms, one kitchen, one living cum dining space, two bath and privy, one covered verandah on the ground floor flat at rear portion and partly front portion of premises No.CJ-146 Sector- II, Salt Lake City, Bidhannagar having carpet area approximately of 1350 sq.ft. The petitioner was inducted as a licensee with monthly fee of Rs.4000/- on condition that he would vacate and deliver up peaceful possession of the suit premises as and when called for by the opposite party.