A.N. Ray, J. - (1.) This appeal is from the decree dated 10 August 1966 passed by Bijayesh Mukherjee, J. The decree is in the suit filed by the plaintiff against the defendants for possession of the premises mentioned in annexure A to the plaint and a decree for the sum of Rs. 16,500/ - as arrears of rent and manse profits at the rate of Rs. 150/ - per diem from 1 May 1959 until delivery of possession.
(2.) The plaintiff purchased the premises from Rakhal Das Pramanick in the month of August 1958. The defendant No. 1 Gulamali Abdul Hossain & Co, was a monthly tenant according to the English calendar in respect of the premises under Rakhal Das Pramanick at a rent of Rs. 2,000/ - per month. The plaintiff informed the defendant No. 1 of the said purchase and requested the said defendant to attorn the tenancy in favors of the plaintiff.
(3.) The plaintiff alleged that the plaintiff reasonably required the premises for the purpose of building and rebuilding and of making substantial additions and alterations. Secondly, the plaintiff alleged that the defendant No. 1 failed and neglected to pay any rent to the plaintiff since 25 Aug. 1958 and that the defendant No. 1 made default in payment of rent more than two months since 25 August 1958. Thirdly, the plaintiff alleged that the defendant No. 1 wrongfully and without previous consent in writing of the plaintiff and of Rakhal Das Pramanick sublet a major portion of the premises to defendants Nos. 2 to 22. In schedule B to the plaint the plaintiff gave particulars of the portions held by the subtenants and the rents paid by them to the defendant No. 1 The plaintiff alleged that among the sub -tenants, defendants Nos. 5 and 6 gave notices to the plaintiff and/or the plaintiff's predecessor under Sec. 16 of the West Bengal Premises Tenancy Act, 1956. Fourthly, the plaintiff alleged that the defendant No 1 wrongfully constructed and/or caused to be constructed a permanent mezzanine floor and/or structure in between the ceiling and the floor of the ground floor of the premises without the consent of the plaintiff and/or the predecessor -in -title. The plaintiff alleged that the defendant did not use the premises as a person of ordinary prudence and/or used the premises for a purpose other than that for which it was leased out and/or has committed other acts of waste which are destructive and/or permanent injuries thereto. Finally, the plaintiff alleged that the said tenancy of the defendant No. 1 was duly determined by a notice to quit dated 18 March 1959 and served on the said defendant on or about 19 March 1959 whereby the said defendant was asked to quit, vacate and deliver vacant and peaceful possession of the premises to the plaintiff on the expiry of the tenancy in the month of April 1959. The plaintiff alleged that the defendant No. 1 was not entitled to protection of the West Bengal Premises Tenancy Act. The plaintiff claimed Rs. 16,500/ - as arrears of rent from 25 August 1959 till 30 April 1959 at the rate of Rs. 2,000/ - per month. The plaintiff also claimed mesne profits.;