A.Lala, J. - (1.) Originally the plaintiff instituted a suit in the Court of 10th Assistant District Judge, 24 Parganas (South) at Alipore being Title Suit No. 103 of 1995 for ejectment, recovery of Khas possession and mesne profits etc. against the defendant from the portion of his occupation available in the plaint at and from the Premises No. 20B, Ballygunge Place, Calcutta - 700 019. The defendant filed his written statement in such suit. Inspection and other formalities were completed. Such suit was ultimately transferred to the Ordinary Original Civil Jurisdiction of this High Court by invocation of power of superintendence under Clause 13 of the Latters Patent and re-numbered as Extra Ordinary Suit No. 33 of 1998. Ultimately the Suit was placed for hearing. Following issues and additional issue were framed: Issues : 1. whether the plaintiff is the owner of the Premises No. 20B, Ballygunge Place, Calcutta, as alleged in paragraph 1 of the plaint and whether there is any relation between the Plaintiff and the defendant as landlord and tenant?
(2.) whether the tenancy is determined in accordance with the provisions of West Bengal Premises Tenancy Act?
(3.) whether the defendant is guilty of acts of Waste and/or negligence?;