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AJOY KUMAR MUKHERJEE
Shree Shree Iswar Satyanarayanjee and Other deities, represented by its shebaits, Sri Lalit Kumar Bagla – Appellant
Versus
Partha Brothers – Respondent
| Table of Content |
|---|
| 1. background of eviction case (Para 1 , 2 , 3) |
| 2. arguments on evidentiary issues (Para 4 , 5 , 6 , 7) |
| 3. court analysis of admissibility of evidence (Para 8 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 18 , 21) |
| 4. court's reasoning on exparte decree (Para 9 , 17 , 19 , 20 , 22) |
| 5. final order to uphold trial court's decree (Para 23) |
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. This second appeal has been assailed against judgment and decree dated 13th May 2013, passed by the learned. Additional District Judge, 2nd Court, Howrah in Title Appeal no. 10 of 2005. By the impugned judgment learned court below set aside the judgment and decree dated 31st august 2004 passed by learned Civil Judge (Jr. Division), 5th court at Howrah in Title Suit no 2 of 1989 and thereby allowed the first appeal.
2. Brief background of the instant case is that the appellant as plaintiff instituted aforesaid Title Suit no 2 of 1989 against defendant/respondent herein, praying for a decree of eviction and recovery of ‘khas’ possession interalia on the ground of default and reasonable requirement. The opposite party herein appeared and filed application under Section 17 (2) of the West Bengal Premises Tenancy Act
The procedural non-compliance in document admission does not invalidate evidence or decrees when the substantive findings are unchallenged.
There are two stages relating to documents. One is the stage when all the documents on which the parties rely are filed by them in Court. The next stage is when the documents are proved and formally ....
Objections to the admissibility of documents must be raised at trial; failure to do so waives the right to contest them on appeal.
The appellate court may only admit additional evidence under specific conditions, which were not met by the petitioners, as they failed to demonstrate due diligence in producing the evidence during t....
Admission of execution of registered sale deed, despite denial of contents as loan security, requires court to mark it as exhibit; proof of contents separate; trial court erred in refusal.
The burden of proof lies on the plaintiff to establish the license to evict a licensee, and the defendant must prove genuine tenancy through admissible evidence. Courts can reject suspicious document....
(1) After Order XI Rule 1 has been amended with respect to suits before commercial courts and a specific provision/procedure has been prescribed with respect to suits before commercial division and b....
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