Asit Kumar Bisi, J. - (1.) This appeal at the instance of the appellant arises out or the judgment and decree dated 11th May, 1991 passed by Shri A. K. Chatterjee, ld. Additional District Judge, 12th Court, Alipore in Title Appeal No. 47 of 1989 affirming the judgment and decree dated 20th December, 1988 passed by Shri T. -Maity, ld. Munsif, (now designated as Civil Judge, Junior Division, 3rd Additional Court Alipore in Title Suit No. 238 of 1986 which was previously numbered as Title Suit No. 14 of 1984.
(2.) The factual matrix leading to this instant appeal may briefly be narrated thus.
(3.) The plaintiff has instituted the suit claiming decree for eviction of the defendant from the suit premises and recovery of possession thereof and also decree for mesne profits. As per the plaint case the plaintiff company is a tenant in respect of the suit premises being Flat No.5 on the second floor of the building known as 'Paul Mansions' at premises No.6, Bishop Lefroy Road, P.S. Bhowanipore. The plaintiff granted licence to the defendant to occupy the sald flat for his resldential purpose for which the defendant had to pay licence fee of Rs.375/- per month payable according to English calendar month to the plaintiff. The sald licence to occupy the flat was revoked by the plaintiff the defendant was asked to vacate the sald flat and deliver possession thereof on expiry of 30th June, 1981. In spite of repeated requests the defendant dld not delivery possession of the sald flat to the plaintiff. By the letter dated 28th July, 1983 issued by the plaintiff through its advocate to the defendant the licence to occupy the sald flat was determined on expiry of 7 days from the date of receipt of the sald letter by the defendant. In spite of receipt of the same the defendant dld not care to make over possession of the sald flat to the plaintiff.;