The Second Appeal finally came up for hearing before a learned Judge of High Court of Calcutta and by impugned judgment and order dated 28.7.1998 the Second Appeal was allowed and the matter remanded to the Trial Court as earlier numbericed.
The other appeal is preferred by the appellant against the order passed by the High Court dismissing her review petition by order dated 7.8.2001.
The finding of fact recorded by the Appellate Court as regards the bona fide personal need of the appellant was supported by evidence on record and therefore, there was numberjustification for the High Court to set aside that finding.
The appellant is in occupation of the third and fourth floors of the building.
The appellant filed a suit for eviction being Suit No.429 of 1984 against the respondent which was tried by the Second Court of Learned Munsif at Alipore.
The appellant has impugned the judgment and order of the High Court passed in Second Appeal No.415 of 1991 whereby the High Court remanded the matter by its judgment and order dated 28.7.1998 granting liberty to the parties to amend their respective pleadings, and to adduce further evidence.
Eviction was sought on the ground of reasonable requirement and bona fide need of the appellant of the premises occupied by the respondent on the ground floor of the building owned by the appellant.
Against the order dismissing the suit the appellant preferred an appeal being T.A. No.15 of 1989 which was ultimately disposed of by the 7th Court of Learned Additional District Judge at Alipore.
By judgment and order dated 12.12.1998 the Trial Court dismissed the suit.
The submission urged on behalf of the appellant before us is that there was really numberquestion of law which arose for companysideration of the High Court.
According to her, she required the premises on the ground floor on account of her health companydition, she having suffered an accident.
The Second Appeal was preferred by the respondent before the High Court which was registered as Second Appeal No.415 of 1991.
In any event, it was submitted, there was numberjustification for an amendment of the pleadings and recording of further evidence in view of the fact that the matters sought to be 4/ 4 brought on record by way of amendment and additional evidence were already before the Court and what was described as future developments were facts within the knowledge of the parties.
By judgment and order dated 23.11.1990 the appeal was allowed, the suit was decreed and an order for eviction was passed against 3/ 3 the respondent on the ground that the appellant had established her plea of bona fide personal need.
WITH C.A. NO.9476 OF 2003 In these two appeals by special leave the appellant is the landlord of the premises in question which is located in New Alipore in the city of Calcutta.
