( 1 ) THIS is an appeal by the tenant/defendant against the judgment and decree for ejectment posed by the learned Judge, City Civil Court, 10th Bench, Calcutta in ejectment Suit No. 827 of 1974.

( 2 ) THE plaintiff/respondent brought the said suit against the appellants defendant for ejectment from the suit premises on the ground that the defendant caused damage to the suit building in violation of provisions of Clause (m) of section 108 of Transfer of Property Act, 1882 inter alia on the allegations that by an agreement in writing dated 1. 2. 56 entered into between the plaintiff no. 1 and the defendant, the defendant was inducted as a monthly tenant under the plaintiff in respect of one big hall on the ground Boor of premises no- 14, Ramanath Majumder Street, Calcutta-9 at a monthly rental of Rs. 55/- payable according to English calendar month. By another agreement in writing dated 15. 5. 71 entered into between the plaintiff and the defendant, the rent of the disputed premises was enhanced from Rs. 55/- to Rs. 70/- per month in consideration of the fact that the disputed room instead of being used as a godown was being used for running a printing press. The de