JUDGMENT :

(Krishna Rao, J.) :

1. The plaintiff has filed the present application praying for Judgment on admission. The plaintiff has filed the suit against the defendants for their eviction, for recovery of ‘khas possession’ and recovery of outstanding rent, damages and mesne profit.

2. The plaintiff has filed the suit under the provisions of West Bengal Premises Tenancy Act, 1997 on the ground of subletting, defaulter in paying the monthly rent and reasonable requirement. The main contention of the plaintiff in the present application is that the defendants have sublated the premises without the consent of the plaintiff and the defendants do not possess the suit property any more.

3. Mr. Swatarup Banerjee with Ms. Somali Mukhopadhyay, Learned Advocates representing the plaintiff submits that the defendants have disclosed the Power of Attorney dated 13th February, 2012 wherein it is clear admission on the part of the defendant that the defendant no. 1 many times lives at abroad and is not in a position to look after the business personally in a proper way and as such he had nominated, constituted and appointed his known person one Mohammed Ayub to look after the said business.

4.