JYOTIRMAY BHATTACHARYA,J. - (1.) Leave is granted to the learned advocate -on - record of the appellant to rectify the defect in the memorandum of appeal in terms of the report of the Stamp Reporter.
(2.) Mr. Roy, learned advocate appearing for the appellant undertakes to deposit the deficit court fee in course of this day.
(3.) This second appeal is directed against the judgement and decree dated 25th August, 2015 passed by the learned Additional District Judge, Bolpur, Birbhum in Title Appeal No.32 of 2015 reversing the judgement and decree dated 28th April, 2015 passed by the learned Civil Judge (Junior Division), 1st Court, Bolpur, Birbhum in Title Suit No. 30 of 2007 at the instance of the defendant/appellant. Let us now consider the merit of the appeal to find out as to whether any substantial question of law is involved in this 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. Here is the case where we find the courts below differed from each other with regard to service of notice under Section 106 of the Transfer of Property Act upon the defendant/appellant. The learned Trial Judge held that service of notice upon the defendant has not been proved. Though copy of the eviction notice contains the original signature of the lawyer sending such notice to the addressee and the signature of the lawyer on the copy of such notice was proved, but according to the learned Trial Judge, the content of the said notice has not been proved. Learned first Appellate Court reversed such findings of the learned Trial Judge by holding that such notice under Section 106 of the Transfer of Property Act was served upon the defendant/appellant by registered post. The postal slip remitting such postal article and the acknowledgement due card on which receipt of such notice was acknowledged by the defendant have been proved. ;