Kalyan Jyoti Sengupta, J. - (1.) This appeal is directed against the judgment and order passed by the learned appellate court below being the Additional District Judge, 9th Court at Alipore, whereby the decree of dismissal has been reversed and the suit was remanded for fresh trial.
(2.) Nobody appears on behalf of the plaintiffs/respondents in spite of second call.
(3.) The learned trial Judge dismissed the eviction suit brought by the plaintiffs/respondents on the facts findings and upon consideration of the evidence adduced by both the parties. It is recorded in both the judgments of the learned Courts below that the suit was tried admittedly only on one point as to whether the defendant has sub-let the suit premises wholly as pleaded in the plaint or not. The learned trial Judge decided the issue against the plaintiffs/respondents and held that plaintiffs have not been able to prove the case of sub-letting.;