( 1 ) THIS appeal is directed against the judgment and decree dated 11th October, 1985, passed by the learned Judge, VII bench, City Civil Court at Calcutta in Ejectment Suit No. 391 of 1976.

( 2 ) THE defendant (tenant) in a suit for eviction under the West Bengal premises Tenancy Act, 1956, is the appellant before us.

( 3 ) THE suit was filed by the plaintiff/ respondent (landlord) for eviction of the tenant from the suit premises on various grounds such as - (i) causing nuisance and annoyance to the plaintiffs and the other occupants of the said premises and (ii) for violation of Clauses (m), (o), (p) of Section 108 of the Transfer of Property Act.

( 4 ) THE suit was ultimately decreed by the learned Trial Judge on the ground of violation of Clause (p) of Section 108 of the Transfer of Property act, as the learned Court below held that the defendant/ appellant raised permanent structure in the suit premises without consent of the landlord.

( 5 ) THE learned Trial Judge, however, found that the ground of eviction,. e. causing nuisance and annoyance to the plaintiffs and other occupants of the premises could not be established by the plaintiffs. As