Debangsu Basak, J.

CAN No. 2934 of 2014

The application was for restoration. The second appeal was dismissed for default on March 20, 2014.

When the application appeared in the list it was agreed by the parties that the second appeal would be heard on merits. The parties proceeded to advance arguments on the merits of the second appeal.

The causes shown in the application are accepted as sufficient. The order of dismissal for default dated March 20, 2014 is recalled.

CAN No. 2934 of 2014 is allowed. There will be no order as to costs.

S.A. No. 278 of 2012

A tenant assailed a judgment of affirmation for his eviction from the tenancy premises.

The suit against the appellant, a dental surgeon, was for eviction on the failure of the appellant to vacate the tenancy premises after the expiry of the date on which he agreed in writing to vacate the tenancy premises.

The second appeal was admitted by an order dated August 30, 2012. The following substantial question of law was framed for consideration:-

1. Whether the courts below, substantially, erred in law in granting a decree for eviction under subsection (k) of section 13(1) of the Premises Tenancy Act, 1956 when the plaintif