SANJIB BANERJEE, J

The plaintiff claims a decree for eviction against the first defendant on the basis of what has been pleaded in the written statement of such defendant. The plaintiff suggests that for the determination of a lease or a tenancy by a lessee or a tenant to be complete, it is imperative that possession of the premises be handed over to the lessor or the landlord. The plaintiff insists that since it is admitted in the first defendant’s written statement that possession was not made over by the first defendant to the plaintiff and possession was, in fact, made over to the third defendant as a sub-tenant, the plaintiff is entitled to immediate possession and there is no disputed fact that needs to be carried to a protracted trial.

At the relevant time, the first defendant was a tenant in respect of a flat or office space at a well-known landmark on Chowringhee under the plaintiff. The second defendant, at the material time, was the owner of the entirety of the building. The third defendant is the present occupant of the concerned office premises, having come into possession thereof as a sub-tenant of the first defendant.

The plaintiff refers to the written st