Jyotirmay Bhattacharya, J.

This second appeal is directed against the judgment and decree dated 30th October, 2014 passed by the Learned Judge, 5th Bench, City Civil Court, Calcutta in Title Appeal No. 20 of 2012 setting aside the judgment and decree dated 2nd December, 2011 passed by the Learned Judge, 3rd Bench, Small Causes Court at Calcutta in Ejectment Suit No. 321 of 2005-C, at the instance of the plaintiffs/appellants.

2. Let us now consider as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted under the provision of Order 41, Rule 11 of the Code of Civil Procedure, or not.

3. Here is the case where we find that the plaintiffs filed a suit for eviction against the defendant on the ground of default in payment of rent as well as for their own use and occupation. The defendant appeared in the said suit and contested the same by filing written statement denying allegation made out in the plaint. Several issues were framed in the said suit. Parties led evidence in support of their respective claim in the said suit.

4. The learned Judge after considering the pleadings of the parties and their evidence was pl