( 1 ) THE present appeal is directed against the judgment and decree dated 29. 4. 1997 passed by Sri S. Mondal, learned Assistant District Judge, Second Court, Hooghly in connection with Title Appeal No. 161 of 1993 affirming the judgment and decree dated 31. 05. 1993 passed by Sri T. Uddin, learned Munsif, 1st Court, Hooghly in connection with Title Suit No. 209 of 1990.

( 2 ) THE suit before the learned lower Court was for declaration and permanent injunction filed by the plaintiff/tenant against the defendant/landlady. The fact of the case in brief is that the plaintiff was inducted in the suit premises as a tenant for a term of five years under an agreement of tenancy dated 26. 02. 1990 and the monthly rent was fixed at Rs. 250/ -. The said tenancy was taken for the purpose of starting a grill business from the suit premises. For that purpose the plaintiff took up the re-orientation of the suit premises and in course of that the plaintiff used to keep the key of the suit premises with the landlady as the suit room is a part of the dwelling house of the defendant being connected by a door as well as a shutter. On the basis of such tenancy the plaintiff took all t