SAHIDULLAH MUNSHI,J - (1.) This is a suit praying for a decree for eviction of defendant from the suit premises and for khas possession as also for a decree of mesne profit. The plaint case is as follows :-
(2.) One Sumitra Devi Poddar was the tenant in respect of three separate shop rooms measuring 191 Sq.ft. and 108 Sq.ft. for a monthly rental of Rs.115/- for each of those two shops and measuring 150 Sq.ft. for a monthly rental of Rs.58/- per month payable according to English calendar month. The said tenancies have been described in Schedule 'W', 'X' and 'Y' respectively.
(3.) The plaintiff as a private limited company (hereinafter referred to as the "said company") is the landlord and owner of the suit premises which was purchased by it under a registered deed of conveyance dated 24th January, 1994 from one Smt. Dipali Mallik and the said Dipali Mallik, by three letters dated 24th January, 1994, duly attorned tenancy in respect of the shops. The said letter was duly received by Smt. Sumitra Devi Poddar and the same was acknowledged by her. Sometime in May, 2013, it came to the knowledge of the plaintiff that the said Sumitra Devi Poddar left the suit premises permanently and was not enjoying the same in any manner whatsoever. The defendant was possessing the said three rooms illegally and was liable to be evicted. There is no legal and/or contractual relationship between the plaintiff and the defendant. Defendant is in occupation of the suit premises without consent or approval of the plaintiff and, therefore, the possession of the defendant is the possession of a trespasser. The defendant is also not a tenant within the meaning of Section 2(g) of the West Bengal Premises Tenancy Act, 1997.;