JUDGMENT :

Partha Sarathi Sen, J.

1. The instant appeal arises out of the judgment and decree dated 31.08.2002 as passed by learned 8th Bench, City Civil Court at Calcutta in Title Suit no. 3021 of 1996 whereby and where under the said Court by the impugned judgment decreed the said suit for eviction of the defendant on contest and also passed a preliminary decree for mense profit in favour of the plaintiff at the rate of Rs.1350/- with effect from 1989 till the vacant possession is restored. By the self same judgment learned trial court also granted a liberty to the plaintiff to pray for final decree of mense profit at the aforementioned rate on payment of requisite court fees. The defendant felt aggrieved and thus preferred the instant appeal.

2. For effective adjudication of the instant appeal, the facts leading to filing of Title Suit no. 3021/1996 before the learned trial court is required to be dealt with in a nutshell.

3. Before the learned trial court it is the plaint case that in respect of the suit property, particulars of which has been described in the schedule of the plaint, the plaintiff is the owner of the same and when the defendant in his distress approached the plaint