( 1 ) THIS appeal is directed against the judgment and decree dated 29-6-89 passed by the learned Judge, XII Bench, City Civil Court at Calcutta in Ejectment Suit No. 902 of 1992. A cross-objection preferred by the respondent being C. O. T. No. 2381 of 1990 is also heard along with the appeal.

( 2 ) THE case of the plaintiff/respondent inter alia, is as follows :-The plaintiff/respondent is the owner of a three-storied building being premises No. 5/2 and No. 7, Ramkanai Adhikari Lane, Calcutta-12. The two premises constitute one building, back portion of which is No. 7, Ram Kanai Adhikari Lane.

( 3 ) THE defendant/appellant was the tenant under the plaintiff/respondent in respect of three rooms being the south-western room on the first floor, and two on the ground floor with common bath and privy in the suit premises being No. 5/2, Ramkanai Adhikari Lane, at a monthly rental of Rs. 115/- payable accordingly to the English Calendar. There is a covered verandah running east to west all along the first floor of the premises No. 5/2, Ram Kanai Adhikari Lane described in the plaint as the western verandah. The same has not been let out to any tenant but is meant f