JYOTIRMAY BHATTACHARYA, J. :- This appeal is directed against the judgment and decree dated 31st March, 2004 passed by the learned Judge, Second Bench, City Civil Court at Calcutta in Title Suit No. 1942 of 2000 at the instance of the defendants/ appellants.

2. The plaintiffs/respondents filed a suit for recovery of khas possession of the suit shop room located in the ground floor of premises No. 40, Garanhatta Street, Calcutta from the defendants/appellants on expiry of lease by efflux of time.

3. A decree for damages for illegal use and occupation of the suit shop room on and from 1st day of Ashar 1407 B.S. to 27th day of Kartick 1707 B.S. at the rate of Rs. 3/- per diem and a further decree for mesne profit on and from the date of filing of suit until recovery of khas possession of the suit premises, were also sought for incidentally against the defendants in the said suit.

4. Admittedly by a registered deed of lease executed between the predecessor-in-interest of the plaintiffs/respondents, viz., Kanailal De on the one part as lessor and Narayan Chandra Seal, Benimadhav Seal and Kalikrishna Seal on the other part as lessees, the suit shop room was demised to the said less