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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