JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

1. Leave granted.

2. This appeal arises from a judgment and order of a Division Bench of the High Court at Calcutta dated 14 November 2018. Allowing the first appeal filed by the respondent against a decree for possession, the Division Bench directed, in consequence, that the suit filed by the appellant shall stand dismissed.

3. The subject matter of the dispute is a plot of land situated at Second Mile, Sevoke Road, Siliguri, West Bengal admeasuring 4 bighas, 18 Cottahs, 9 Chittacks and 18 sq.ft.

4. On 22 March 1975, a deed of settlement was executed by Mohan Lal Khemka, by which a private trust was created for the benefit of his grandson. By the said deed, Mahabir Prasad Bhartia and Sunita Bhartia were appointed as trustees. On 5 November 1979, a deed of settlement resulted in the creation of a private trust. At this stage, it would be material to note that the property in dispute has by subsequent devolutions vested in the appellant.

5. On 25 May 1981, an indenture of lease was entered into between the appellant and the respondent. The term of the lease was fifteen years. Under the terms of the lease, the respondent took possession of the land.