S.P. Rajkhowa, J. - (1.) This appeal is directed against the judgment and decree dated May 28, 1984, passed by Sri S.N. Mukherjee, Judge, City Civil Court, Third Bench, Calcutta, dismissing the Ejectment Suit No. 1053 of 1976 by the Plaintiff/Appellant.
(2.) The plaint case in brief is that Asim Krishna Dutta (since deceased) as lessor, demised unto Ganesh Das Mimani (since deceased) as lessee, premises No. 6, Free School Street, Calcutta, for a term of fifty -one years commencing from April 1, 1949, by a Registered Lease Deed dated May 3, 1949. By a Deed of Settlement dated February 9, 1958, the said Asim Krishna Dutta as settlor, in consideration for his natural love and affection to his daughter, i.e. the Plaintiff, granted unto Sri Ashoke Kr. Dutta and Manjul Mitter as trustees, the said premises No. 6, Free School Street, to make over the said property to the Plaintiff as lesser on her attaining the age of 25 years, to be held and enjoyed by her absolutely. The said trustees handed over to the Plaintiff the said property by a registered Deed of Release dated December 29, 1971, on her attaining the age of 25 years.
(3.) The original lessee Ganesh Das Mimani died on April 18, 1965, leaving a Will. The probate of the Will was obtained by the executor and the executrix who in course of administration of the estate of the said Ganesh Das Mimani made over the said premises No. 6, Free School Street, to Krishna Kumar Mimani, who became entitled to the leasehold interest of Ganesh Das Mimani. Krishna Kumar Mimani thus became the lessee under the Plaintiff lesser, for the unexpired period of lease term.;