- (1.) In the suit the plaintiff seeks vacant and peaceful possession of flat No. 4 on the 1st floor of premises No. 2, Old Mayor' Court, Calcutta on the ground that the original defendant, Champalal Bhansali, came to possess the property in question under a lease dated 19th September, 1959 for a term of 21 years commencing from 1st October, 1959, but despite the said lease coming to an end by efflux of time the original defendant continued to possess the same .
(2.) In the plaint it has been alleged that one Kanailal Dey and one Kalachand Roy, the then trustees appointed under a Deed of Trust dated 11th May, 1957, granted the said lease. It was then contended in paragraphs 2 and 3 of the plaint as follows : "The said Kanailal Dey and Kalachand Roy were discharged from further acting as trustees of the trust estate and by a decree of this Hon'ble Court in Suit No. 353 of 1974 (Srimati Karabi Roy v. Salil K. Roy) the entirety of the said premises No. 2, Old Mayor' Court, Calcutta was directed to be made over to the plaintiff and the plaintiff became the sole and absolute owner of the said premises." "After the plaintiff became the sole and absolute owner of the said premises the lessee under the said deed of lease dated 19th September, 1959 attorned the tenancy in favour of the plaintiff and paid rents to the plaintiff." .
(3.) In addition to possession, the plaintiff has claimed occupation charges at the rate of Rs. 120 per diem. The suit was valued at Rs. 54,900 on 1 the basis of the following averments :- "For the purpose of Court-fees the suit premises is valued at Rs. 50,000/- and for ejectment the same is valued at Rs. 4,200/- and for arrears of rent Rs. 700/- aggregating to Rs. 54,900/- and the appropriate Court-fees have been paid on such valuation and the plaintiff undertakes to pay further or additional Court-fees if and when directed by this Hon'ble Court." .;