Mangalic Enterprise vs Swapan Kumar Das

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 536

BISWAJIT BASU
Mangalic Enterprise – Appellant
Versus
Swapan Kumar Das – Respondent

Advocates appeared:
Mr. Ashok Banerjee, Senior Advocate, Mr. Amal Krishna Saha, Mr. Uttam Basak, for the Appellant; Ms. Nirmalya Dasgupta, Mr. Dibnath Dey, Mr. Anujit Biswas, Ms. Pallavi Pain, for the Respondent

JUDGMENT

Biswajit Basu, J. - This is the plaintiff's second appeal against the appellate decree. The plaintiff had filed an ejectment suit in the 3rd Court of learned Civil Judge(Junior Division) at Sealdah being Ejectment Suit no. 15 of 2014 seeking inter alia, the following reliefs:-

'a. Leave under Order II Rule 2 of the Code of Civil Procedure:

b. Decree of declaration that the defendants and none of them have any manner of right or entitlement to occupy any portion of the said entire premises described in Schedule 'A' hereunder;

c. Decree of eviction of the defendants from the erstwhile tenancy held by late Jyotindra Nath Das described in Schedule 'B' hereunder including all persons claiming through, by or under the defendants and obtaining vacate and khas possession thereof '

2. The plaint case of the said suit, in short is thus, the father of the defendants Jyotindra Nath Das was the original tenant of the suit property, on his death the said tenancy devolved upon his widow Laxmipriya Das who also died in December, 2012 and on her death the said tenancy was extinguished since the other heirs of the said original tenant are not coming within the definition of tenant under Section