- (1.) The facts inter alia leading to this writ petition are that there was an agreement for leave and licence dated 3/08/1991, between the father of the writ petitioner and the respondent No. 5 on the basis of which the respondent No. 5 was to stay in two rooms and one toilet in the ground floor of premises No. 23/34 Gariahat Road, Police Station Lake, Calcutta-29 up to 5/07/1992. It is also the case of the petitioner that two notices were served dated 2/04/1992 and 25/06/1992, respectively upon the respondent No. 5 asking him to deliver vacant possession on the expiry of the licence period i.e. 5/07/1992. It has been alleged that on receipt of the said two notices, on 19/02/1993 the respondent No. a delivered vacant possession of the demised premises but kept few articles in one of the room of the demised premises with a promise and/or assurance that he would take back his goods within a period of a fortnight, in default he will pay Rs. 100.00 per day as damage charges for keeping those articles in the said room.
(2.) It has also been alleged that after 5/07/1992 the writ petitioner or his father did not take a single Paise on account of license fee and after 5/07/1992 the electricity charges in respect of the said demised premises were borne by the writ petitioner.
(3.) It is also the contention of the writ petitioner that since the respondent No. 5 tried to take forcible entry on 3/03/1993 (morning) in the demised premises there was a Section 144 proceeding on 3/03/1993 being Case No. MP 448 of 93 wherein the learned Executive Magistrate passed an order upon the Lake Police Station to enquire into the matter and to submit a report and as order of status quo was also passed.;