Regarding the question of subletting the High Court refused to interfere with the findings of the companyrts below as there was numbersubstance to hold in favour of the appellant landlady on the ground of subletting.
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.
The High Court was further of the opinion that numbersubstantial question of law was involved and therefore, dismissed the appeal.
The Lower Appellate Court set aside the judgment of the Trial Court namely Third Munsiff Sealdah in Title Suit No.
The High Court took numbere of the fact that the Lower Appellate Court has recorded that the family of the landlady companysists of four members and one child and total rooms in the occupation of the landlady were nine.
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.
The High Court also took numbere of the fact that the Lower Appellate Court extensively dealt with the question of user of the above rooms and the fact that an alternative accommodation was available to the landlady adjacent to the suit property.
The Trial Court decreed the suit on the ground that the suit premises were required for personal use and occupation by the landlady.
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.
The ground of subletting was rejected .
58/91.
523/81.
In the present appeal only above two grounds have been urged, namely, subletting and bonafide requirement.
It may be stated that a cross appeal was also filed by the landlady in respect of the findings of the Trial Court regarding subletting, which was dismissed.
N. Phukan, J. This appeal is by the landlady against the judgment and order of the High Court of Calcutta in SA No.
709 of 1995.
