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1999 Supreme(SC) 977

V.N.KHARE, S.N.PHUKAN
Labanya Neogi Through Lrs. Power Of Attorney Holder Shri Subhasis Neogi – Appellant
Versus
W. B. Engineering Company – Respondent


Judgment

Phukan, J.-This appeal is by the landlady against the judgment and order of the High Court of Calcutta is 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.

4. The Lower Appellate Court reversed the findings of the trial Court on the ground that the landlady failed to prove that the suit premises were required for personal use and occupation. It may be stated that a cross appeal was also filed by the landlady in respect of the findin























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