- (1.) THIS second appeal is directed against the judgement of affirmance dated 22nd December, 2014 passed by the Learned Additional District Judge, Fast Track, 1st Court, Sealdah, South 24 - Parganas in E.J. Appeal No. 02 of 2014 affirming the judgement and decree dated 31st January, 2013 passed by the Learned Civil Judge (Senior Division) Sealdah in Ejectment Suit No. 04 of 2009, at the instance of the defendants/appellants (tenant). We have heard the learned advocate appearing for the appellants on the point of admission of the appeal at the stage of hearing of Order 41 Rule 11 of the Code of Civil Procedure.
(2.) THE plaintiff/respondent filed a suit for eviction against the defendants/appellants from the suit premises on the ground of default in payment of rent as well as on the ground of reasonable requirement. The defendants/appellants appeared in the suit and filed written statement. In paragraph 5 of the written statement, the defendants stated that the department of Post Office (defendants) is very much eager to vacate the building on getting a suitable accommodation in the locality for which necessary steps was taken by floating tender/advertisement in local dailies and the matter was informed to the plaintiff. The plaintiff was also requested for helping the defendants in searching out a good accommodation for shifting of post office building but no response was received from the side of the plaintiff.
(3.) IN view of such stand taken by the defendants in their written statement, the plaintiff filed an application before the Learned Trial Judge for passing judgement on admission under Order 12 Rule 6 of the Code of Civil Procedure. The plaintiff also adduced evidence in the said suit to prove the service of valid notice upon the defendants. Ultimately the Learned Trial Judge, by referring to the aforesaid stand taken by the defendants in their written statement, passed a decree for eviction against the defendants on the ground of reasonable requirement of the plaintiff. Being aggrieved by and dissatisfied with the said judgement and decree of the Learned Trial Judge, the defendants/appellants filed an appeal before the Learned First Appellate Court. The Learned First Appellate Court also maintained the said judgement and decree of the Learned Trial Judge, of course, for a reason which is different from that of the reasons given by the Learned Trial Judge in the impugned judgement.;