JUDGMENT

Sabyasachi Bhattacharyya, J. - The present second appeal arises out of a suit filed by the appellant for declaration of his tenancy right and other consequential reliefs. In the said suit, the respondent filed a counter-claim, apart from controverting the allegations made in the plaint in his written statement, thereby seeking eviction of the plaintiff/appellant from the suit premises on the ground that the appellant was a licensee, which relationship has since been terminated by the plaintiff.

2. Both the courts below, that is, the Trial Court and the First appellate Court, passed concurrent judgments and decrees, thereby dismissing the plaintiff's suit and allowing the counter-claim for eviction against the appellant.

3. The present second appeal has been heard on two substantial questions of law, as formulated by a Division Bench of this Court vide order dated October 14, 2015. The said substantial questions of law are as follows:

4. Whether both the learned courts below erred substantially in law in the matter of interpretation of the agreement of induction by not taking into consideration the basic principle that it is not open to the parties to contract out of the Rent a