SALIL KUMAR ROY Vs. BADU DEVI BHANSALI

JUDGEMENT

(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 :

(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 :-