LABANYA NEOGI Vs. W B ENGINEERING COMPANY

JUDGEMENT

(1.) This appeal is by the landlady against the judgment and order of the High Court of Calcutta in SA No. 709 of 1995. By the impugned judgment, the High Court dismissed the second appeal filed by the present appellant against the judgment of the Lower Appellate court namely Assistant District Judge at Sealdah in Title Appeal No. 58/91.

(2.) The Lower Appellate Court set aside the judgment of the trial Court namely Third Munsiff, Sealdah in Title Suit No. 523/81. The appellant filed a suit for ejectment and mesne profit against the respondent on the grounds of personal use and occupation, subletting and other grounds. In the present appeal only above two grounds have been urged, namely, subletting and bona fide requirement.

(3.) The trial Court decreed the suit on the ground that the suit premises were required for personal use and occupation by the landlady. The ground of subletting was rejected.