Shivakant Prasad, J. - (1.) This is a suit for eviction of a trespasser valued at Rs. 29,40,000/-. Plaintiff's case in brief is that in or about 1960 on Mrs. M. Jansz was inducted by the plaintiff's predecessor in title as monthly tenant in respect of flat no. 11, on the 2nd floor of the front building comprised at Municipal premises no. 12/1, Lindsay Street, Police Station New Market, Calcutta-700 087 (hereinafter known as suit premises) at a monthly rental of Rs. 370/- payable according to the English Calendar month.
(2.) Said Mrs. M. Jansz regularly made payment of the monthly rent to the plaintiff's predecessor in title and thereafter to the plaintiff who died in or about 2001 at the suit premises.
(3.) None of the heir or legal representative of the said tenant tendered such rent to the plaintiff in respect of the suit property. The plaintiff on enquiry discovered that one Clive Hughes, son of Late Collin Robert is a trespasser in wrongful possession of the suit premises on and from September, 2001, being the date of death of the said Mrs. M. Jansz and is thus liable to be evicted from the suit premises.;