( 1 ) IN the suit the plaintiff seeks vacant and peaceful possession of flat No. 4 on the 1st floor of premises No. 2, Old Mayor' Court, Calcutta on the ground that the original defendant, Champalal Bhansali, came to possess the property in question under a lease dated 19th September, 1959 for a term of 21 years commencing from 1st October, 1959, but despite the said lease coming to an end by efflux of time the original defendant continued to possess the same.

( 2 ) IN the plaint it has been alleged that one Kanailal Dey and one Kalachand Roy, the then trustees appointed under a Deed of Trust dated 11th May, 1957, granted the said lease. It was then contended in paragraphs 2 and 3 of the plaint as follows :"the said Kanailal Dey and Kalachand Roy were discharged from further acting as trustees of the trust estate and by a decree of this Hon'ble Court in Suit No. 353 of 1974 (Srimati Karabi Roy v. Salil K. Roy) the entirety of the said premises No. 2, Old Mayor' Court, Calcutta was directed to be made over to the plaintiff and the plaintiff became the sole and absolute owner of the said premises. ""after the plaintiff became the sole and absolute owner of the said p