MAHADEB ROY Vs. PRASANTA KUMAR MONDAL & ANR
LAWS(CAL)-2018-2-79
HIGH COURT OF CALCUTTA
Decided on February 14,2018

MAHADEB ROY Appellant
VERSUS
Prasanta Kumar Mondal And Anr Respondents

JUDGEMENT

- (1.) The second appeal involves the following substantial questions of law which can be decided immediately and do not require the matter to be detained: "i) Whether the striking out of a defendant's defence in an eviction suit dispenses with the plaintiffs' burden of proving the claim in the plaint. ii) Whether a decree on the ground of reasonable requirement can be passed without the court appreciating the evidence and arriving at a conclusion, on the evidence, that the premises being the subject matter of the eviction suit are reasonably required by the plaintiffs.
(2.) The second appeal is directed against an order confirming a decree for eviction, inter alia, on the ground of reasonable requirement.
(3.) It is distressing to notice and record that the trial court did not allude to the evidence on reasonable requirement or the justification thereof and the appellate court failed to notice such serious lapse on the part of the trial court.;


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