IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Sugato Majumdar SA/296/2002 IA NO: CAN/1/2001(Old No: CAN/9730/2001), CAN/3/2004 (Old No: CAN/7015/2004), CAN/4/2005 (Old No: CAN/2079/2005), CAN/5/2005 (Old No: CAN/4290/2005), CAN/6/2005 (Old No: CAN/5038/2005), CAN/11/2025 CAN/12/2026 Sanjay Agarwal & Ors.

Vs.

Rita Deb For the Appellants : Mr. Partha Pratim Roy, Adv.

Mr. S. K. Bhattacharya, Adv.

Mr. Sandip Das, Adv.

For the Respondent : Mr. Uttiya Ray, Adv.

Mr. A. Maiti , Adv.

Hearing concluded on : 19.02.2026 Judgment on : 24.02.2026 Sugato Majumdar, J :

The instant appeal is preferred against the judgment and decree in appeal passed by the Civil Judge, Senior Division, 2^nd Court (Additional), Burdwan dated 27^th June, 2001 wherein the Appellate Court upheld the judgment and decree passed by the Trial Court and dismissed the appeal.

The original Title Suit No. 86 of 1992 was filed for eviction of tenant and recovery of possession. One Khealiram Agarwal was the original tenant in respect of one room on the ground floor of the suit premises where the said Khealiram Agarwal used to run grocery shop. The suit premises was very old and dilapi