Bhaskar Bhattacharya, J.:

1. This first appeal is at the instance of a defendant in a suit for eviction and is directed against the judgment and decree dated 15th June, 2009 passed by a learned Single Judge of this Court by which His Lordship passed a decree for eviction and mesne profits in favour of the plaintiffs-respondents. Being dissatisfied, the defendant No.1 has come up with the present appeal.

The facts giving rise to the filing of this appeal may be summed up thus: The respondent No.1 filed a suit before the Original Side of this Court thereby praying for the following relief:

a) “Decree directing defendant No.1 to deliver back peaceful and vacant possession of the said flat fully described in Annexure ‘A’ hereto the plaintiffs;

b) Decree directing the defendant No.1 to submit a true and faithful account of the incomes earned by the defendant No.1 by utilizing the said flat and/or portion thereof and a decree in favour of the plaintiffs and against the defendant No.1 for the amount which would be found to have been earned by the defendant No.1 utilizing the said flat and/or portion thereof;

c) In the alternative, enquiry be held to ascertain the amounts earn