JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The appeal has been preferred by the Appellant/Defendant/tenant.

2. By a Judgment dated 19th September 2001, the trial court being the 3rd Bench, Presidency Small Cause Court in Ejectment Suit No. 1117 of 2000, dismissed the suit on contest.

3. In appeal, the learned Judge, 2nd Bench, City Civil Court, Calcutta in Title Appeal No. 68 of 2001, set aside the trial courts’ decree of dismissal and decreed the plaintiff’s prayer for eviction of the Defendant/Appellant herein.

4. Hence, the present (second) appeal by the Tenant/ Defendant/Appellant.

5. The Appeal on admission, is to be heard on the following substantial questions of law:-

a. That mere construction does not tantamount violation of Clauses (m), (o), and (p) of Section 108 of the Transfer of Property Act unless the construction is of such magnitude and/or nature which diminishes valuation of the property itself?

b. Substantial error of law in not holding that if any construction at the property in question does not impair the value and utility of the property itself does not come within the purview of Section 13 (1) (b) of the West Bengal Premises Tenancy Act, 1956?

c. Substantial er