- (1.) When this appeal was taken up for hearing under the provision of Order 41 Rule 11 of the Code Of Civil Procedure, a question as to whether a Second appeal lies against the impugned order passed by the Learned First Appellate Court, was raised by Mr. Mitra, Learned Senior Counsel appearing for the respondent Nos.2- 35.
(2.) Accordingly, we have decided to consider the question of entertainability of this Second Appeal, before we proceed to consider the admissibility of this appeal under Order 41 Rule 11 of the Code of Civil Procedure.
(3.) Here is the case, where we find that the appellant company, namely, M/s. Eastern Scales Pvt. Ltd. was a tenant under the respondent No.1 company, namely, M/s. Murray & Company Pvt. Ltd. which filed a suit for eviction against M/s. Eastern Scales Pvt. Ltd. on various grounds viz., default in payment of rent, sub-letting, violation of the provisions contained in Section 108 (m) (o) (p) of the Transfer of Property Act and for reasonable requirement. The said suit which was registered as Title Suit No.22 of 1971 was decreed on contest by the learned Trial Judge on the ground of sub-letting and also on the ground of violation of the provisions contained in Section 108 (m) (o) (p) of the Transfer of Property Act. Being aggrieved by and dissatisfied with the judgment and decree passed by the learned Trial Judge, an appeal was filed by the defendant company, namely, M/s. Eastern Scales Pvt. Ltd. in the Court of the learned District Judge at Alipore. The said appeal which was registered as Title Appeal No. 06 of 2007, was transferred to the Court of the learned 12th Additional District Judge at Alipore for disposal.;