BISWAJIT BASU, J.

1. The present first appeal is at the instance of the defendant in suit for eviction and mesne profit and is directed against the judgment and decree dated November 30, 2005 passed by learned Civil Judge (Senior Division), Jalpaiguri, in Title Suit No. 65 of 2005.

2. The brief details of the plaintiff’s case in the suit is as follows:-

(i) Mohan Lal Khemka, Mahabir Prasad Bhartia, Rama Sankar Bhartia, by different deeds of settlement created private trusts thereby appointed different trustees to hold the land described under the schedule appended to the plaint (hereinafter referred to as the ‘Suit Land’ in short) for the benefit of the minors of the family of the said settlors with the direction to handover the trust money to the beneficiaries of those trusts on their attaining the age of 18 years or 21 years as the case may be, as per the terms of the said deeds of settlement.

(ii) The trustees of the said trust by an indenture of lease dated May 25, 1981 jointly sublet the suit land to the defendant, for the period of 15 years. Pursuant to and in terms of the said lease deed the defendant took possession of the suit land as sub-lessees of the said trusts