This appeal is at the instance of the Plaintiff appellant against the judgment and decree dated December 4, 1982 passed by the learned subordinate Judge, 3rd Court, Howrah, in Title Appeal No. 237 of 1982 reversing the judgment and decree dated June 325, 1982 passed by the learned Munsif, 2nd Court, Howrah, in Title Suit No. 350 of 1980. The plaintiff instituted a suit for eviction and mesne profit. The case of the plaintiff in brief is that the defendant is a tenant in respect of the suit premises at the monthly rental of Rs. 80/- payable according to English Calender Month. That the defendant is defaulter from the month of January, 1980. That the plaintiff with his family at present is living in a rental house known and numbered as No. 108, Kashinath Chatterjee Lane, P.S. Shibpur, District Howrah. Moreover, the said rented house is within the road alignment of Calcutta Metropolitan Development Authority popularly known as C.M.D.A. other contiguous and adjacent lands and buildings in the same line had already been acquired and demolished by the said authority. The plaintiff will be required to leave the said rented house on 24 hours’ notice. The plaintiff required the suit