( 1 ) THIS is an action in ejectment instituted on 13th May 1948.

( 2 ) IN this suit the plaintiff is suing as the trustee of a trust estate known as debutter estate of Sri Purushottamdas Bhagwan. A vacant plot of land on the premises No. 17, Bolai Singhee Lane, Calcutta, was let out to the defendant company at a rent of Rs. 40/- per month. It is the plaintiff's case that such tenancy was terminated by notice to quit, dated 28th December 1945. The plaintiff claims possession and mesne profits.

( 3 ) THE written statement on behalf of the defendant company was filed and verified by H. C. Pal or Ramesh Chandra Pal, who has described himself as the Managing Director of the defendant company.

( 4 ) ON the pleadings, the following issues were settled: (1) Was the land vacant land? (2) Is the notice to quit valid in law? (3) To what relief, if any, is the plaintiff entitled?

( 5 ) ISSUE NO. 1: This issue is a question of fact. According to the defendant company the land that was let out was not vacant land. That is the plea in the written statement. In giving particulars in para 4 of the written statement on this point, the defendant says that there is upon the said port