In a second appeal regarding eviction for default, the court noted a lack of substantial questions of law and dismissed the appeal while vacating the stay on execution proceedings to expedite the case.
Eviction decree stands affirmed; stay on execution proceedings vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.210 of 2014
.... .... Appellants
Versus
Sons of Late Dr. Samrendra Nath Ghosh, All are residents of resident of Madhepura, PS. + District Madhepura
Patna High Court SA No.210 of 2014 dt.17-07-2015
2
……….. Defendants …………… Respondent 3rd set
.... .... Respondents
=========================================================== Appearance :
For the Appellant/s : Mr. Shri Prakash Srivastava For the Respondent/s : Mr. Sukumar Sinha, Sr. Advocae
=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT
Date: 17-07-2015
Heard Mr. S. P. Srivastava, learned Counsel appearing for the appellants. Mr. Sukumar Sinha, learned Senior Counsel is present on behalf of the respondents.
2.The defendant-tenants are the appellants in this appeal against the judgment and decree of affirmance granting the relief of eviction to the plaintiffs as prayed.
3.From perusal of the records and after considering the submissions on behalf of the appellants it is apparent that a suit was filed for eviction of the defendant-appellants on the ground of default alone. The defendant-tenants contested the suit denying their relationship of land lord and tenant with the plaintiffs. The trial court returned the finding on the issues against the defendant-tenants and decreed the suit. In appeal filed against the judgment and decree passed in the suit for eviction, the appellate court on re-appraisal of evidence has concurred with the
Patna High Court SA No.210 of 2014 dt.17-07-2015
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findings of the trial court and dismissed the appeal filed on behalf of the defendant-tenants.
(V. Nath, J.)
Snkumar/-
U
2 issues framed by the court
Whether the second appeal alleging eviction on default warrants allowing or dismissal.
Whether the stay on execution proceedings should be vacated.
Subir Barua
Most. Bela Rani Ghosh
Sri Samir Kumar Ghosh
V. Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
