Shivakant Prasad, J. - (1.) The instant appeal is directed against the judgement and decree dated March 30, 2002 in Title Appeal No. 173 of 2000 passed by the Additional District Judge, 3rd Court, Howrah, reversing the judgement and decree dated August 30, 2000 passed in Title Suit No. 16 of 1996 by the Civil Judge (Junior Division), 6th Court, Howrah, inter alia, on the ground that the learned Court of appeal below has committed error in law allowing the appeal and decreeing the suit declaring that the plaintiff is a tenant overlooking altogether that the plaintiff has failed to establish that he is a tenant in respect of the suit property and mere production of the Ration Card and Voter Identity Card does not ipso facto prove that the plaintiff is a tenant in respect of the suit properties, thus, the learned Court of appeal below committed grave error in law in holding that the plaintiff is a tenant in respect of the suit premises.
(2.) This Court is called upon to take into consideration the following substantial questions of law framed by the Division Bench of this Hon'ble Court; "1) Whether in view of the provisions of Section 25 of the West Bengal Premises Tenancy Act it is clear that in order to claim a right of tenancy one has to produce a rent receipt and in case rent receipt was not granted one has to satisfy that he has taken recourse to the provisions of Section 25(2) of the Act which provides a remedy for refusal to grant rent receipt and the Court of appeal below committed grave error in law in holding that the plaintiff is a tenant in view of the fact that the plaintiff has proved his tenancy on production of Voter's Identity Card and Ration Card. 2) Whether the Learned Court of Appeal below committed grave error in law in holding that the plaintiff is tenant since no legal steps were taken to evict the plaintiff who is a trespasser, overlooking altogether that the plaintiff has failed to produce a scrap of paper in support of tenancy."
(3.) The brief fact leading to the instant appeal is that the plaintiff is one of the tenants in respect of one room at 15, Kumar Para Road, Police Station-Liluah, Howrah at a monthly rental of Rs. 10/- payable according to the English Calendar month. His father Monmohan Paul, since deceased was previous tenant in respect of two bedrooms with kitchen at a monthly rental of Rs. 20/- under the landlord Kamal Kanta Das, since deceased and Amal Kanta Das. During the subsistence of the tenancy the plaintiff's father surrendered one room in favour of the said landlord and the defendants' father Janardan Majumdar was then inducted in the said room by the said landlord.;