KAJAL GHOSH Vs. SANJOY GHOSH

JUDGEMENT

(1.) HEARD Mr. H. K. Baishya, learned counsel for the appellants and Mr. S. K. Ghosh, learned counsel for the respondents.

(2.) THIS is a second appeal filed by the defendant under Section 100 of the Code of Civil Procedure Code against the judgment/decree dated 18.9.2012 passed by Assistant District Judge, Jorhat in Title Appeal No.25/2011 which in turn arise out of judgment/decree dated 29.9.2011 and 28.9.2011 passed by Munsiff No.1, Jorhat, in Title Suit No.54 of 2008.

(3.) BY impugned judgment/decree, the first appellate court reversed the judgment and decree of the trial court and allowed the plaintiff's appeal and in turn decreed plaintiff's suit against the defendant for his (defendant's) eviction from the suit house. So the short question which arises for consideration in this appeal is whether first appellate court was justified in allowing plaintiff's appeal and in turn was justified in decreeing plaintiff's suit against defendant for his eviction in relation to the suit house and if so whether this second appeal involves any substantial question of law within the meaning of Section 100 ibid ? It is an eviction matter filed by the plaintiff against the defendant in relation to the suit house. It is not in dispute that provisions of the State Rent Laws do not apply to the suit house and hence the issue involved is required to be decided keeping in view the applicability of the provisions of Transfer of Property Act and specially Section 106 of the Act.