K.J. SENGUPTA, J.

1. THIS appeal is directed against judgment and order dated 16th March, 2011 passed by the learned Single Judge of this Court on an application under Chapter XIIIA of the Original Side Rules of this Court whereby the learned Judge had written final judgment and decree evicting the appellant.

2. THE fact relating to relationship between the parties as well as leading to preferring this appeal needs to be stated briefly.

3. BOTH the parties brought separate action for their desired relief. The appellant before us had filed Title Suit being No.5305 of 2008 in the City Civil Court at Calcutta in or about December 2008 claiming for a declaratory decree "that the appellant (plaintiff in the above suit) is a monthly tenant under the respondent in respect of the entire basement situated at premises No. 157C, Lenin Sarani, Kolkata-700 013 at a monthly rent of Rs.45,000/- and Rs.1000/ - respectively and other consequential reliefs. Immediately after filing of the said suit the appellant filed an application for interlocutory relief praying for temporary injunction restraining the respondents and/or their men, agents and servants from disturbing plaintiffs peaceful r