BIDYA DEVI Vs. TRIBENI SHAW

JUDGEMENT

(1.) This Court has heard the learned Advocates for the respective parties and has considered the relevant materials on record. The facts of the case, very briefly, are as follows:

(2.) The defendant/respondent contested the said suit denying the material allegations made in the plaint. The said suit came up for hearing when the learned Trial Court by its judgement and decree dated 31st January, 2002 decreed the said suit only on the ground that the defendant/respondent was found to have sublet the suit premises in favour of a third party.

(3.) The plaintiff/appellant, challenging the impugned judgement and decree passed by the learned First Appellate Court, has preferred the present Second Appeal which was admitted for hearing by an order dated 25th July, 2007 passed by an Hon'ble Division Bench of this Court. The instant Second Appeal was admitted on the following substantial questions of law