JUDGMENT :

Krishna Rao, J.

1. The plaintiff has filed the suit against the defendants for recovery of vacant and peaceful possession of the suit premises being flat no.5 on the second floor together with a godown and a garage of the building at the premises no. 36, Shakespeare Sarani (formerly known as Theatre Road), Calcutta and a decree for mesne profits against the defendant no.1 for Rs.21,90,000/-.

2. The plaintiff is a monthly tenant of Flat No.5 situated on the Second Floor of a building at the premises no.36, Shakespeare Sarani, Calcutta under the Trustees of Rai Bahadur Bissessuelal Motilal Halwasiya Trust.

3. The suit premises consists of three bed rooms, three baths, balconies, one Drawing Room, one Dining Room, one Kitchen along with store room no.13 on the first floor and covered garage no.19 on the ground floor and the said flat was furnished and was equipped with various furniture and fittings, such as, dinning table, wardrobe, sofas, writing table, ceiling fans etc.

4. On or around 25th September, 1972, the defendant no.1 (since deceased) was appointed as a Director in the plaintiff company and was subject to retirement by rotation. The defendant no.1 on the basis of such