2004 (12) TMI 734

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....ia, Advs For the Respondents : S.C. Ghosh, Ranjan Mukherjee, Siddhartha Chowdhury and Bhargava V. Desai, Advs. JUDGMENT 1. 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. The appellant has impugned the judgment and order of the High Court passed in Second Appeal No. 415 of 1991 whereby....

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....llant is in occupation of the third and fourth floors of the building. According to her, she required the premises on the ground floor on account of her health condition, she having suffered an accident. 4. By judgment and order dated 12.12.1998 the Trial Court dismissed the suit. Against the order dismissing the suit the appellant preferred an appeal being T.A. No. 15 of 1989 which was ultimat....

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....ose for consideration of the High Court. 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 no justification for the High Court to set aside that finding. In any event, it was submitted, there was no justification for an amendment of the pleadings and recording of further evidence ....

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.... the case does not involve such question. No doubt the proviso to Section 100 CPC does not take away the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question. In the instant case the learned Judge has not formulated any question of law which require determination und....