Pranab Kumar Deb, J.

1. THE instant appeal has been directed against the judgment dated 20th January, 2006 and the decree dated 30th March, 2006 passed by the learned Additional District and Sessions Judge, Fast Track Court at Chandannagar in Title Appeal No. 52 of 2005 whereby the judgment and decree dated 23rd February, 2005 and 3rd March, 2005 respectively passed by the learned Civil Judge (Junior Division), 1st Court in Chandannagar in Title Suit No. 257 of 1993 were set aside.

2. THE appellant/landlord filed the Title Suit No. 257 of 1993 against the defendant/respondent in the year 1993 for recovery of the suit premises as well as for recovery of arrears of rent and mesne profit. It was alleged that the defendant made default in payment of rent. It was also alleged that he had made unauthorised and illegal construction in the suit room in violation of the terms of the tenancy. Through amendment of the plaint, the plaintiff also sought for eviction, claiming that the suit premises was registered for building and re-building purposes. Denying the contention of the plaintiff, the defendant filed the written statement. It was contended that he never made default in payment