- (1.) The Court : The suit is taken up hearing. On a query from Court as to the issues suggested by the defendant, the learned Senior Advocate for the defendant is unable to rely upon any written issues suggested by the defendant. Learned Advocate the plaintiff relies upon a suggested issue. Learned Senior Advocate for the defendant submits that one issue suggested by the plaintiff may be deleted and one added. Heard the learned Counsel for the parties.
(2.) Considering the pleadings and the issues suggested the following issues are settled: - ISSUES 1. Was the tenancy of the defendant in respect of the suit premises, governed by the Transfer of Property Act and not the West Bengal Premises Tenancy Act as pleaded in paragraph 3 of the plaint? 2. Was the tenancy of the defendant terminated by a notice dated April 10, 2015, which required the defendant to quit and vacate the suit premises on the expiry of the month of May 2015 or at the expiry of the month of the tenancy which would next expire after 15 days of receipt of the notice, as pleaded in paragraphs 4 and 5 of the plaint? 3. Whether the alleged tenanted portion has been sufficiently and correctly identified in the notice dated April 10, 2015 and in the plaint? 4. Is the plaintiff entitled to evict the defendant and recovered possession of the suit premises, as pleaded in paragraph 12 of the plaint? 5. Is the plaintiff entitled to a decree for mesne profits of Rs.12,50,000/ - for the month of June, 2015, as pleaded in paragraphs 13 and 14 of the plaint? 6. Is the plaintiff entitled to a decree for mesne profits at the rate of Rs.12,50,000/ - per month, from July 1, 2015, till the date of recovery of possession, as pleaded in paragraphs 14 and 15 of the plaint? 7. Alternatively is the plaintiff entitled to an enquiry into the rate of mesne profits, as pleaded in paragraph 16 of the plaint? 8. Whether the plaintiff has any cause of action to file the suit and is the suit maintainable? 9. To what relief or reliefs the plaintiff is entitled to in law and equity.
(3.) The plaintiff has produced its witness. He has been examined in chief and cross -examined.;