SRI MAHESH KUMAR LAL AND OTHERS Vs. AZAHAR ALI AND OTHERS
LAWS(CAL)-2017-5-144
HIGH COURT OF CALCUTTA
Decided on May 18,2017

Sri Mahesh Kumar Lal And Others Appellant
VERSUS
Azahar Ali And Others Respondents

JUDGEMENT

Jyotirmay Bhattacharya, J. - (1.) This second appeal is directed against the judgement and decree dated 18th May, 2015 passed by the learned Additional District Judge, Fast Track Court, Chandernagore, Hooghly in Title Appeal No. 53 of 2009 affirming the judgement and decree dated 25th February, 2009 passed by the learned Civil Judge (Junior Division), Additional Court, Chandernagore in Title Suit No. 4 of 2009 at the instance of the defendants/appellants.
(2.) 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 41, Rule 11 of the Code of Civil Procedure or not.
(3.) Here is the case where we find that the plaintiff/respondent filed a suit for eviction against the defendants on the ground of default in payment of rent and also on the ground of subletting of the suit premises by the tenants viz., the defendant nos. 1 to 5 to defendant no.6. An eviction notice was served upon the defendant nos. 1 to 5. Since the said defendants did not vacate the suit premises in compliance of the said eviction notice, the instant suit was filed by the plaintiff for eviction of the defendants after expiry of the notice period.;


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