SANJAY PATRA Vs. BINOY KUMAR GHOSH

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree dated 26th June, 2014 passed by the learned Additional District Judge, Bolpur, Birbhum in Title Appeal No. 11 of 2013 affirming the judgement and decree dated 24th May, 2013 passed by the learned Civil Judge (Junior Division), 1st Court, Bolpur in Title Suit No. 117 of 2006 at the instance of the defendant/appellant.

(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 XLI Rule 11 of the Code of Civil Procedure or not.

(3.) Admittedly tenancy of the defendant is governed by the Transfer of Property Act. It is also an admitted fact that notice under Section 106 of the Transfer of Property Act was served upon the tenant/defendant. But, since the tenant/defendant failed and/or neglected to deliver possession of the suit premises to the plaintiff/respondent on the expiry of the notice period, the instant suit for eviction was filed against the defendant/appellant. Both the learned courts below concurrently held that the notice under Section 106 of the Transfer of Property Act was duly served upon the defendant/appellant and the said notice is good, valid and sufficient and as such, the learned Trial Judge passed a decree for eviction against the defendant/appellant. The said decree was also affirmed by the learned first Appellate Court in appeal.