JUDGMENT :

(Soumen Sen, J.) :

1. The appeal is arising out of the judgment and decree both dated 31st August, 2009 passed by the learned Judge 11th Bench, City Civil Court at Calcutta in Title Suit no. 869 of 1986.

2. The plaintiff filed a suit for recovery of vacant possession upon expiry of lease by efflux of time and mesne profits assessed at Rs.10912.

3. Briefly stated, one Motilal Boral executed a registered deed of lease dated 30th September, 1963 in favour of one Md. Allauddin Rangrez the original defendant for a period of 21 years with effect from 21st October, 1963 at a monthly rent of Rs.250/-which was mutually increased to Rs.300/-per month payable according to the English calendar month. By virtue of the said deed the original defendant became a lessee in respect of the suit premises namely premises no. 22, Ratu Sarkar Lane, situated in the city of Calcutta. The suit property was conveyed and transferred jointly in favour of Hazi Ali Mohammad Razuka (hereinafter referred to as ‘Hazi’ the original plaintiff no.1 and his wife Hajaan Lachmi Bibi (hereinafter referred to as ‘Lachmi’) by a registered deed of conveyance dated 23rd April, 1975 executed by Motilal Boral for val