JUDGMENT :

Sugato Majumdar, J.:

1. The instant suit, namely, CS 244 of 2008 has been filed by the Plaintiff against the Defendant claiming for a decree for eviction against each of the Defendants praying decree for eviction and recovery of khas possession; decree of arrear of rent upto 31.12.2005 direction to the Defendant to pay property taxes; mesne-profit perpetual injunction along with other prayers. The Plaintiff is the Party Receiver in the present suit property, the appointment being made in CS 222 of 2001 being a partition suit among the co-owners of premises no. 15B, Hemanta Basu Sarani, Kolkata – 700001.

2. The nutshell of the plaint case is that the Defendant no. 1 was inducted as lessee in the back portion of the premises no. 14 and 15, Old Court House Street, now known as 15B, Hemanta Bose Sarani, Kolkata – 700001 (the suit premises), in terms of a registered deed of lease dated 5th March, 1965 for a period of 99 years commencing on and from 1st January, 1962 on payment of monthly rent of Rs.1400/- with further stipulation of enhancement by Rs.100/- on expiry of every successive nine years. Lease was determined in terms of a notice dated 23rd November, 2005 with effect fr