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2016 Supreme(Cal) 784

JYOTIRMAY BHATTACHARYA, SHIB SADHAN SADHU
Shalimar Chemical Works Limited – Appellant
Versus
Usha Holding & Enclave Private Limited – Respondent


Advocates Appeared:
For the Appellants : Mr. S.P. Roy Chowdhury, Mr. Probal Kumar Mukherjee, Mr. Suddhasatva Banerjee, Mr. Biswajit Kumar, Mrs. Swati Agarwal and Ms. Natasha Roy.
For the Respondents: Mr. Saktinath Mukherjee, Mr. Aniruddha Chatterjee, Mr. Jishnu Chowdhury, Mr. Surya Prasad Chattopadhyay, Mr. Amit Agarwal and Ms. Priyanka Lahiri.

JUDGMENT :

Jyotirmay Bhattacharya, J.

1. Leave is granted to the learned advocate-on-record of the appellant to rectify the defects in terms of the report of the Stamp Reporter.

2. This second miscellaneous appeal is directed against the judgment and order dated 8th June, 2015 passed by the learned Additional District Judge, Alipore, South 24-Parganas in Miscellaneous Appeal No. 544 of 2013 by affirming the judgment and order being No. 145 dated 3rd December, 2013 passed by the learned 2nd Civil Judge (Junior Division) at Alipore in Miscellaneous Case No. 849 of 2008 at the instance of the objector/appellant.

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

4. Usha Holding & Enclave Private Limited & Others being plaintiffs filed a suit for eviction against Krishna Gopal Mondal on various grounds viz. -

(i) The tenant after giving six months notice dated 30th June, 2006 intimating his landlords to vacate and/or give up possession of the tenanted premises i.e. suit prem





















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