SHRI. RAJEN SUBBA Vs. SMT. PADMA KUMARI RAI & ORS.
LAWS(CAL)-2016-7-45
HIGH COURT OF CALCUTTA
Decided on July 26,2016

Shri. Rajen Subba Appellant
VERSUS
Smt. Padma Kumari Rai And Ors. Respondents

JUDGEMENT

JYOTIRMAY BHATTACHARYA,J. - (1.) This second appeal is directed against the judgement and decree dated 6th May, 2016 passed by the Learned District Judge, Darjeeling in O.C. Appeal No. 09 of 2014 affirming the judgement and decree dated 21st June, 2014 passed by the Learned Civil Judge (Senior Division), Darjeeling in O.C. Suit No. 15 of 2010, at the instance of the defendant/appellant.
(2.) Let us now consider as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted under the provision of Order 41, Rule 11 of the Code of Civil Procedure, or not.
(3.) The plaintiffs/respondents filed a suit for eviction against the defendant/appellant by determining the relationship of landlord and tenant between the parties by service of notice under Section 106 of the Transfer of Property Act. Since the defendant/appellant did not vacate the suit premises within the notice period, the plaintiffs filed a suit for eviction against the said defendant.;


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