N.C.Sil, J. - (1.) This appeal has been directed against the Judgment and decree dated 27.1.1994 passed by Sri T. K. Bhattacharya, learned Assistant District Judge, Sealdah in connection with Title Appeal No. 28 of 1992 setting aside the judgment and decree dated 30.1.1992 passed by Sri Shubhankar Bhattacharya, learned Munsif, Second Court, Sealdah in connection with Title Suit No. 90 of 1983.
(2.) The suit before the learned trial Court was for eviction of the tenant on several grounds including the ground of reasonable requirement and default. The trial Court was pleased to dismiss the suit but invoke the provisions of section 17(4) of the West Bengal Premises Tenancy Act, 1956 and the defendant/tenant was protected from being evicted. The first appellate Court decreed the suit only on the ground of reasonable requirement.
(3.) At the time of admission of the appeal the Division Bench of this Court passed an order that the appeal will be heard on all the grounds. On perusal of the grounds taken in the memo. of appeal it appears that the substantial questions of law involved in the appeal are as follows : (1) whether the transfer of the suit property in the name of the plaintiff by way of gift is a legal gimmick only to attract the ground of reasonable requirement; (2) whether the appellate Court misinterpreted the provisions of law and came to a wrong finding that the suit was maintainable although the suit was filed within the mischief period of three years from the date of the execution of the alleged deed of gift.;