Shri Sunil Saha v. Smti. Jyotsna Kannan

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** SAT/18/2024 Shri Sunil Saha Vs.

Smti. Jyotsna Kannan Mr. Prohit Mohan Lal ... for the petitioner Mr. Kishore Karmakar ... for the respondent March 11, 2025 [SR] Item No.7 1.

The second appeal is directed against the order of the First Appellate Court by which the judgment of the Trial Court was affirmed in a suit for eviction.

2.

We have carefully read the judgment of the Trial Court as well as the Appellate Court. There is a clear finding that the appellant did not pay the rent at the revised rate beyond 31st July, 2004 in spite of the demand by the plaintiff by reason whereof, the appellant became a defaulter. Admittedly, he did not pay the rent even after expiry of the lease being prerequisite for a semblance of right of holding over until suit was instituted. The evidence on record clearly establish that during the occupation, there has been material alteration in the tenanted portion which is in clear violation of the section 108 of the Transfer of Property Act. This concurrent finding of facts are based on evidence and proper appreciation of the fact. On consideration as aforesaid, we are not inclined to admit the instant appeal.

3.

The instant second appeal stands dismissed.

( Soumen Sen, J. ) (Raja Basu Chowdhury, J. )