Smt. Gayatri Devi vs Bholanath Gupta
2022 Latest Caselaw 4820 Cal

26.07.2022 SL No.14 Court No.8 (gc)

SA 515 of 2009

Smt. Gayatri Devi Vs.

Bholanath Gupta

The appellant is not represented, nor any

accommodation is prayed for on behalf of the appellant.

The appeal is arising out of a judgment and decree

dated 29th November, 2007 passed by the learned

Additional District Judge, Sealdah affirming the

judgment and decree dated 29th October, 2005 passed

by the learned Civil Judge, Junior Division, 2nd Court,

Sealdah in T.S No.453 of 1991. The plaintiff filed a suit

for eviction and mesne profits. The plaintiff alleged that

the defendant was a monthly tenant. She was a

habitual defaulter since May, 1990 and had caused

extensive damage to the suit property. It was further

alleged that the defendant sub-let the suit property to a

third party without the consent of the plaintiff. The

Trial Court on the basis of the evidence-on-record

dismissed the suit as the plaintiff was unable to

establish any of the grounds mentioned in the plaint.

We have gone through the order of the Trial Court

as well as the Appellate Court carefully. From the

evidence, it would appear that the plaintiff was unable

to prove any damage to the suit property or sub-letting.

However, there was an initial default and the same was

condoned by the Trial Court. The judgment of the Trial

Court was upheld by the First Appellate Court.

In view of concurrent findings of facts arrived at by

both the Courts below on the basis of the available

materials-on-record, we do not find it to be a fit case

and no substantial question of law is involved in the

second appeal.

Hence, the second appeal being SA 515 of 2009 is

dismissed at the admission stage.

(Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)