SARBANI SEN Vs. TAPAS KUMAR SAMANTA
LAWS(CAL)-2012-2-59
HIGH COURT OF CALCUTTA
Decided on February 28,2012

SARBANI SEN Appellant
VERSUS
TAPAS KUMAR SAMANTA Respondents

JUDGEMENT

TAPAN KUMAR DUTT, J. - (1.) WHEN the appeal is called out for hearing, the learned Advocates for the respective parties submit that before proceeding with the hearing of the appeal the substantial questions of law, if any, should be formulated.
(2.) AFTER having heard the learned Advocate for the appellants, this Court is of the view that this appeal should be heard on the following substantial questions of law: (1) Whether or not the learned Lower Appellate Court erred in not holding that the suit filed by the plaintiff-respondent was a premature one inasmuch as the said suit for eviction was filed within two years from the date of commencement of the West Bengal Premises Tenancy Act, 1997. (2) Whether or not the learned Lower Appellate Court erred in not holding that the eviction notice being Exhibit -9 if read along with the subsequent letter being Exhibit 9(c) cannot be treated as a valid notice of suit. (3) Whether or not the learned Lower Appellate Court committed an error in making the findings in favour of the plaintiff-respondent on some grounds for eviction when the learned Trial Court had not framed proper issues in this regard. (4) Whether or not the learned Lower Appellate Court erred in decreeing the suit for eviction when there is no finding with regard to the question as to whether or not the plaintiff-respondent has any alternative suitable accommodation. After the aforesaid substantial questions of law have been formulated, the learned Advocate for the appellants has proceeded to make his submissions on the merits of the appeal.
(3.) LEARNED Advocate for the appellants has completed his submissions. Thereafter the learned Advocate for the respondent has made and completed his submissions and thereafter the learned Advocate for the appellants has also made his submissions in reply.;


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