JUDGMENT

The Petitioner before this court is a landlord/plaintiff in a suit for eviction and is aggrieved by an order dated 13/04/2021 passed by Learned civil Judge (Jr division) 3rd Court at Alipore in Ejectment suit no 177of 2018.

The case of the plaintiff/petitioner may be summed up thus

1. The petitioner/plaintiff is the owner of the suit property and the predecessor of the defendant was a monthly tenant under the plaintiff in respect of a garage at a monthly rental ofRs45/. The father of the plaintiff was the owner in respect of the suit property and he died intestate on30-06-1977. At the time of death he left behind his wife one daughter and the plaintiff being his son. All of them got 1/3rd undivided share in the suit property. The plaintiffs mother during her lifetime executed a Will wherein she bequeathed her entire movable and immovable properties in favour of the plaintiff. The plaintiff obtained probate of the said Will and became owner of two third share of the property. The mother of the plaintiff during her lifetime inducted a tenant in the said property, namely Adalat Baitha and after death of the mother of the plaintiff the plaintiff became landlord in r