JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. The matter was adjourned on February 16, 2022 to enable the appellant to represent and make appropriate submission. In spite of giving opportunity, today also the appellant is not represented, nor any accommodation is prayed for.

2. The Judgment and decree dated 28th June, 2019 passed by the Learned 3rd Court, Additional District Judge, Howrah, in Title Appeal No. 142/2012, affirming the judgment and decree dated 30th July 2012 passed by learned First Court of Civil Judge (Junior Division), Howrah, is the subject matter of the present appeal.

3. We have considered the judgment and decree of the trial court as well as the lower appellate court and the grounds of appeal. In the grounds of appeal two points have been urged, namely, res judicata and defective notice of eviction. In order to ascertain whether the said points in the facts and circumstances of the case constitute substantial questions of law in favour of admission of the appeal, we have to consider the brief facts and the findings of both the courts below in respect of the aforesaid two issues.

4. Plaintiff/respondents case in a nutshell is that plaintiff’s father Girish Chandra Mazumder