JUDGMENT:

1. This special leave petition is filed against the order dated 24th of April, 2007 passed by the High Court at Calcutta in APOT No.44 of 2007 whereby the High Court had dismissed the appeal filed by the appellant challenging an order passed by a learned Judge sitting in the original side jurisdiction of the High Court.

2. The petitioners are trustees of a trust named Gouri Devi Trust, which at all times was and still is the absolute owner of premises situated at 95A Chittaranjan Avenue, Calcutta-700 073 (in short the disputed premises). The disputed premises consists of a three storied building and comprises an area of 1 Bigha 4 Cottahs of land and is situated in the heart of the city. A portion of this building comprising 11 rooms on the 1st floor and 11 rooms on the 2nd floor including 2 kitchen rooms was let out by the then trustees of the said Trust to one M/s.B.Majumdar Samajpati at a monthly rent of Rs.1610/-. In the year 1992, at the request of the said B.Majumdar Samajpati, the tenancy in respect of the tenanted portion was transferred by the then trustees in favour of B.Majumdar Samajpati & Sons Hotels Pvt. Ltd. which is now