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2023 Supreme(Online)(CAL) 9466

CALCUTTA HIGH COURT
SIDDHARTHA ROY CHOWDHURY, J
BAIJNATH CHOUBEY & COMPANY – Appellant
Versus
VINAY CHANDRA DEVIDAS & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Probal Kumar Mukherjee, Sr. Adv., Mr. Murali Mohan Ray, Adv., Mr. Souma Subhra Ray, Adv.
For the Respondents: Mr. Saptangsu Basu, Sr. Adv.

Table of Content
1. reversal of eviction order requires proof of tenancy and parties. (Para 1 , 6)
2. arguments against subletting lack supporting evidence. (Para 8 , 10 , 12)
3. court emphasizes requirement of evidence in proving subletting. (Para 26 , 27)
Mr. Saptangsu Basu, Sr. Adv. Hearing concluded on : 31st July, 2023 Judgement on : 24th August, 2023 Siddhartha Roy Chowdhury, J.:

1. Challenge in this appeal is to the judgement and decree passed by learned Judge, 4th Bench, City Civil Court at Calcutta in Title Appeal No. 14 of 2018, reversing thereby the judgement and decree dated 27th November, 2017 passed by learned 6th Bench of Presidency Small Causes Court, Calcutta in Ejectment Suit No. 1079 of 2002 as well as order dated 25 th July, 2019, rejecting thereby the cross-objection to the decree.

2. For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.

3. Briefly stated, by executing a deed of settlement on 19th February, 1993, one Harak Chand Beljee settles the premises nos. 37, 38 and 39 of Ezra Street, Kolkata-700001 upon the trust. One Baijnath Choubey was inducted as a tenant in respect of three rooms, one showcase on 2

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