- (1.) This second appeal is directed against a judgement and decree passed by the learned Additional District Judge, 3rd Court, Tamluk, Purba Medinipur on 24th June, 2014 in Title Appeal No. 07 of 2014 affirming the judgement and decree dated 15th June, 2012 passed by the learned Civil Judge (Junior Division), 1st Court, Tamluk in Title Suit No. 92 of 2010 at the instance of the defendants/appellants.
(2.) Let us now consider as to whether any substantial question of law is involved in this second appeal for which the appeal is required to be admitted for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure or not.
(3.) Here is the case where we find that admittedly there was a registered lease deed executed between the parties on 23rd June, 1998 for creation of a lease in respect of the suit property by the plaintiff/respondent in favour of the defendants/appellants for a period of 9 years. The defendants/appellants defaulted in payment of rent during the period of lease. After expiry of the lease period by efflux of time, the plaintiff/respondent filed a suit being Title Suit No. 87 of 2008 against the defendants/appellants for recovery of possession of the suit property from them and also for realisation of the arrear rent. During pendency of the said suit, the arrear rent was paid. Ultimately the plaintiff/respondent withdrew the said suit as he was assured by the defendants/appellants that they would vacate the suit premises and give up vacant possession thereof to the plaintiff/respondent.;