SOUMEN SEN, AJOY KUMAR MUKHERJEE
Madan Lal Shaw – Appellant
Versus
Kartick Kumar Gupta – Respondent
ORDER :
1. This second appeal has come up for admission. However the appellant is not represented nor any accommodation is prayed on his behalf.
2. On the basis of the judgments of both the courts below and the materials available on record we propose to examine, if there is any substantial question of law involved in the second appeal.
3. The second appeal is arising out of the appellate judgment and decree dated 16th September, 2017 passed by the learned Additional District Judge, Fast Track Court-II, Howrah, in Title Appeal No. 106 of 2016 affirming the judgment and decree dated 28th June, 2016 passed by the learned Civil Judge (Junior Division), 4th Court, Howrah, in Title Suit No. 138 of 2012.
4. It appears that plaintiff filed Title Suit No. 138/2012 contending that plaintiff is the absolute and exclusive owner of the two storied pakka building of residential accommodation on the first floor and shop rooms in the ground floor. Plaintiffs father inducted defendant as a tenant in respect of one shop room in the front side and one godown of the back side, on the ground floor of the said building at a monthly rental of Rs. 150/-without electricity. The tenancy of the defendant is gui
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