In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side Present :-

The Hon’ble Justice Sabyasachi Bhattacharyya and The Hon’ble Justice Supratim Bhattacharya Case No.

FA 393 of 2025 with CAN 1 of 2025 In the matter of :

SMT. KANAK BARICK & ORS.

…. Appellants VS.

SRI JANMANJAYA PANDEY alias BOGHA & ANR.

….Respondents For the Appellants : Mr. Shyamal Chakraborty Mr. NayanRanjanChakrabarti Mr. SwastikPolley ….Advocates For the Respondents : Mr. Debdipto Banerjee Mr. Soumen Banerjee ….Advocates Heard on : 20.01.2026 Judgment on : January 20, 2026.

Sabyasachi Bhattacharyya, J. :-

1. As per our previous direction, the appeal is taken up for hearing along with the application.

2. Heard learned learned counsel for the parties.

3. The conspectus of the appeal is short. The learned Trial Judge dismissed the suit filed by the plaintiffs, inter alia for declaration that the defendant / respondent no.1 is an occupier of the suit room after the death of the original tenant and for further declaration that the occupier has no right to transfer, sublet and / or hand over the suit room to the defendant, and for permanent injunction to that effect.

4. The only premise on which the learned Tri