56 05.01.2023 SA 66 of 2022 Ct-08 with I.A No. CAN 2 of 2012(Old CAN No. 6496 of 2012)

Indian Oil Corporation Ltd. (IBP Division)

Vs. ar Amal Kumar Mondal & Ors.

Mr. M.S. Yadav Ms. Satabdi Naskar (Kundu)

… For the Appellant Mr. Arindam Banerjee Ms. Arpita Saha … For the Respondent no. 13 The matter was adjourned on the earlier occasion on the submission made by Mr. Saptangshu Basu, learned senior counsel representing the appellant, that there is a possibility of settlement between the parties. However, having regard to the fact that no settlement has arrived at between the parties. In view of our earlier observation no further adjournment is given today to either of the parties, we propose to take the matter for consideration.

We have heard Mr. M.S. Yadav, learned counsel appearing for the appellant.

We have carefully read the judgment of the trial court as well as the first appellate court. The suit for eviction was filed after expiry of lease term.

It is an admitted position that the appellant continued to remain in possession of the property in question even after expiry of the lease by efflux of time. The finding of the trial court as well as the first appellate court that the appella