ASHIS KUMAR CHAKRABORTY,J. - (1.) This is a defendant's second appeal directed against the judgment and decree dated July 20, 2016 passed by the learned Civil Judge (Senior Division), 1st Court, Howrah in Tittle Appeal No. 222 of 2001 (000802/2014), thereby affirming the judgment and decree for eviction dated September 29, 2001 passed by the learned Civil Judge (Junior Division), 7th Court at Howrah, in Title Suit No. 91 of 1997.
(2.) On June 14, 2017 the Division Bench of this Court admitted this appeal by framing the following question, as a substantial question of law. "i) Whether the learned Judges of both the Courts below substantially erred in law by not dismissing the suit in the instant case as the very basis of a suit for eviction of a tenant is the existence of landlord tenant relationship in a case where plaintiff/respondent has failed to prove the existence of landlord-tenant relationship between the parties to the suit in respect of suit plot no. 2550."
(3.) In the appeal, the defendant appellant also filed an application, being CAN 5467 of 2017 for stay of Title Execution Case No. 114 of 2016 filed by the plaintiffs respondents, before the learned executing Court. On August 11, 2017 when the said application was taken up for hearing, it was strongly contended on behalf of the plaintiffs respondents that the aforementioned question framed by the Division Bench does involve any point of law and the said application be rejected in limine. It was, however, agreed by the learned advocate appearing for the defendant appellant and the plaintiffs respondents, respectively that the second appeal itself may be taken up for hearing without calling for the lower Courts' records. Based on such submission made on behalf of the parties, on August 11, 2017 this Court directed the plaintiffs respondents to file informal paper books and fixed the appeal for hearing. By the order dated August 11, 2017 this Court, however, directed that the execution proceedings filed by the plaintiffs respondents before the learned executive Court shall remain stayed till 31, 2017 or until further order whichever is earlier.;