Narayan Chandra Sil, J. - (1.) The present appeal has been directed against the judgment of the appellate court dated 21-4-1993 passed, by Sir A.K. Banerjee, learned Additional District Judge, 2nd Court, Suri, Birbhum in connection with Title Appeal No. 86 of 1991 whereby he was pleased to dismiss the appeal on contest and confirm the judgment of decree dated 25-4-1991 passed by Sri Surjendu Biswas, learned Munsif, Birbhum in connection with Title Suit No. 147 of 1986.
(2.) It is stated in the memo of appeal that the learned Additional District Judge erred in law in not holding that the notice was bad in law as the father of the plaintiff was the original tenant of the suit property and after his death the other sons and daughters also inherited the tenancy, but the plaintiff did not serve the notice of ejectment on all the co- tenants by inheritance. It is also taken in the memo of appeal that the courts below erred in law in not holding that the notice of ejectrnent was not duly served upon the defendant. It is also stated that the courts below erred in holding that the requirement of the suit house by the plaintiff was bona fide and genuine. It is again stated that the courts below were wrong in holding that the defendant had violated the provisions of clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act. The courts below were also wrong, it is added, in not giving any independent finding regarding the question of default and as such there cannot be any decree on the ground of default simply on the basis of the interlocutory findings.
(3.) After the appeal was taken up for hearing it appears that no substantial question of law was formulated at the time of admission of the appeal and as such the following substantial questions of law have been formulated. "1. whether the courts below are justified in considering the evidence of the plaintiff beyond the pleadings with regard to the relationship between the parties touching the maintainability of the suit itself. 2. whether the courts below are justified in passing the decree on the grounds of clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act without considering the nature of construction; and 3. whether the courts below are justified to pass the decree without considering the mandatory provision of Section 13(4) of the West Bengal Premises Tenancy Act.";