SAT/152/2026 of REKHA RAY AND ANR. Vs SOUMITRA PARUI AND ORS. on 5 October 2026

1. The learned advocate appearing for the appellants shall insert the names of the presiding Judges of both the Courts below in the preamble of the memorandum of appeal during the course of the day.

2. The appeal is now taken up for hearing under Order XLI Rule 11 of the Code of Civil Procedure.

3. The present appeal has been preferred against a judgment of affirmance, whereby both the Courts below have decreed a suit for eviction against the defendants/appellants on the ground of reasonable requirement as well as default in payment of rent.

4. Learned counsel for the appellants argues that the courts below erred in law in granting the eviction decree on the ground of reasonable requirement without quantifying the actual number of rooms currently in occupation of the plaintiffs/landlord, particularly in the teeth of the fact that the landlord has failed to show his current accommodation by way of having any local inspection or otherwise, despite having admitted the fact that he has become the owner of the entire suit building, which is comprised of several rooms even apart from the suit premises.

5. Although a convincing question of law has been raised in that regard by the appellants, fact remains that no question of law has been raised before us insofar as ground of default in payment of rent is concerned.

6. Thus, even if the appeal were to be admitted on the ground of reasonable requirement, the plaintiffs/respondents would be otherwise entitled to eviction on the ground of default in payment of rent alone. Thus, no useful purpose would be served in admitting the appeal.

7. Accordingly, SAT 152 of 2026 is dismissed under Order XLI Rule 11 of the Code of Civil Procedure.

8. There will be no order as to costs.

9. Urgent photostat certified copies of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities. (Sabyasachi Bhattacharyya, J.)

(Sandip Kumar De, J.)