Arun Kumar Mitra, J. - (1.) The instant appeal has been preferred challenging the judgment and decree dated August 29, 1980 passed by the leaned Additional District Judge, 11th Court at Alipore in T. A. No. 487 of 1980 reversing the judgment and decree passed by the learned Sub-ordinate Judge, 9th Court at Alipore dated March 14, 1980 passed in Title Suit No. 106 of 1976.
(2.) The appeal arises out of a suit for ejectment and for mesne profit.
(3.) The case made out by the plaintiffs in the plaint that they are the trustees to the Trust Estate of Dr. Sachindra Nath Bose in respect of Premises No. P-1, Surawardi Avenue. The beneficiary under the trust is Sri Sanjov Bose, who is the only son of Dr. Bose. By Registered Deed of Lease the plaintiffs inducted the defendant as a tenant in respect of the entire First Floor of the suit premises and a garage at a monthly rental of Rs. 400/- plus Rs. 245/- payable according to the English Calendar beginning from October 1966 for a period of 8 years. The said lease expired in September 1974, In Paragraph 7 of the plaint the plaintiffs had stated the grounds for determination of the tenancy of the defendant. The main grounds are that the defendant is a defaulter in payment of rent and that the said premises is required for use and occupation of the beneficiary and that the defendant has caused damage to the suit premises and some other facts have been stated in the said Paragraph 7 of the plaint. The plaintiffs asked the defendant to vacate the suit premises to which the defendant did not accede to. Hence, the plaintiffs filed the suit for a decree of khas possession of the suit premises with a further prayer for mesne profits and damages.;