Bhaskar Bhattacharya, J. - (1.) This first appeal is at the instance of a defendant in a suit for eviction and is directed against the judgment and decree dated 15th June, 2009 passed by a learned single Judge of this Court by which His Lordship passed a decree for eviction and mesne profits in favour of the plaintiffs-respondents.
(2.) Being dissatisfied, the defendant No. 1 has come up with the present appeal.
(3.) The facts giving rise to the filing of this appeal may be summed up thus: The respondent No. 1 filed a suit before the Original Side of this Court thereby praying for the following relief: "a) Decree directing defendant No. 1 to deliver back peaceful and vacant possession of the said flat fully described in annexure 'A' hereto the plaintiffs; b) Decree directing the defendant No. 1 to submit a true and faithful account of the incomes earned by the defendant No. 1 by utilising the said flat and/or portion thereof and a decree in favour of the plaintiffs and against the defendant No. 1 for the amount which would be found to have been earned by the defendant No. 1 utilising the said flat and/or portion thereof; c) In the alternative, enquiry be held to ascertain the amounts earned by the defendant No. 1 by utilising the said flat and/or portion thereof and a decree by passed against the defendant No. 1 and in favour of the plaintiffs for the amounts which may be found due and payable by the defendant No.1 to the plaintiffs on such enquiry; "d) Perpetual injunction restraining the defendant No.l, his servants, agents and assigns from in any way dealing with and/transferring and / or alternating and / or encumbering and / or creating and third party interest over and/or in respect of the said flat No. 12B on the 21st floor of "Everest" No.46C, Jawaharlal Nehru Road, Calcutta; e) Temporary Injunction; f) Receiver; g) Attachment; h) Costs; i) Further and other reliefs." ;