SUBHRO KAMAL MUKHERJEE,J. - (1.) THIS is an appeal against judgment and decree dated December 23, 2004 passed by the learned Additional District Judge, Second Fast Track Court - II at Bichar Bhavan, Kolkata, in Title Suit no.1792 of 1988.
(2.) THE suit was filed for recovery of possession on the expiry of a registered lease. Admittedly, the original defendant was inducted under a registered deed of lease dated October 12, 1966 in respect of the suit property for a period of twenty one years commencing from first day of September, 1966 and ending with the last day of August, 1987. On the expiry of the lease and as the original defendant refused to vacate the suit premises, the suit was instituted.
(3.) THE original defendant took all possible defence in the trial court. Principally, he claimed that he was holding over and he was protected under the West Bengal Premises Tenancy Act, 1956.;