RATHINDRA NATH KUNDU Vs. SUBIR CHANDRA KAR

JUDGEMENT

(1.) The appellant as plaintiff filed Ejectment Case No. 372 of 2004 against the respondent/defendant/tenant praying for his eviction from the suit shop room, recovery of possession, mesne profits and other consequential reliefs which was registered as Ejectment Case No. 372 of 2004. The said ejectment case was decreed on contest in favour of the appellant by a Judgement and Decree dated 30th August, 2010 passed by the learned Additional Civil Judge (Junior Division), Sealdah.

(2.) The defendant/tenant preferred an appeal being Title Appeal No. 57 of 2010 assailing the Judgement and Decree passed by the learned Trial Judge in Ejectment Case No. 372 of 2004 which was registered as Title Appeal No. 57 of 2010. The said appeal came up for hearing before the learned Additional District Judge, 2nd Court at Sealdah and by Judgement and Decree dated 17th June, 2014, the learned Judge in First Appellate Court set aside the Judgement and Decree passed by the Trial Court, allowed the appeal and eventually the suit was dismissed.

(3.) It is pertinent to mention at the outset that the first appeal was allowed holding, inter alia, that the plaintiff failed to prove service of ejectment notice upon the defendant/tenant before institution of the suit. As no statutory notice was served, the ejectment case was held to be not maintainable.