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2016 Supreme(Cal) 917

JYOTIRMAY BHATTACHARYA, ISHAN CHANDRA DAS
Niladri Sekhar Dutta – Appellant
Versus
Maitrayee Dutta – Respondent


Advocates Appeared:
For the Appellant : Mr. Aniruddha Chatterjee, Mr. Srijib Chakraborty
For the Respondent: Mr. Debasish Roy, Mr. Partha Pratim Roy, Mr. Vinay Kumar Purohit, Mr. Anirban Pal

JUDGMENT :

Jyotirmay Bhattacharya, J.

1. This second appeal is directed against the judgment and decree dated 14th December, 2015 passed by the learned Judge, 3rd Bench, City Civil Court at Calcutta in Title Appeal No.32 of 2014 affirming the judgment and decree dated 24th February, 2014 passed by the learned Judge, 3rd Bench, Presidency Small Causes Court at Calcutta in Ejectment Suit No. 48 of 2011 at the instance of the defendant/appellant.

2. 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 XLI Rule 11 of the Code of Civil Procedure or not.

3. Here is the case where we find that the plaintiffs as landlords filed a suit for eviction against the defendant on the ground of Section 6(1)(j) of West Bengal Premises Tenancy Act, 1997. Existence of relationship between the plaintiffs and the defendant as that of landlords and tenant is not denied by the defendant. In fact, it is an admitted position that such tenancy was created by the plaintiffs in favour of the defendant on the basis of a written agreement. Service of e





















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