JUDGMENT :

Krishna Rao, J.

1. The plaintiff has filed the present suit under Chapter XXXVIII, Rule 1(A) of the Original Side Rules of this Court praying for decree for eviction and recovery of vacant and peaceful possession of the suit premises along with arrears of rent for a sum of Rs.5,48,903/- from November 2018 till September 2021. Further decree of Rs.14,40,000/- and a decree for mesne profit at the rate of Rs.300/-per sq. ft. per month on and from 1st October, 2021 till handing over the vacant possession of the suit property to the plaintiff and interest at the rate of 18% per annum.

2. The plaintiff has also filed an application being G.A. No. 1 of 2023 praying for final judgment and decree.

3. Since 10th June, 1998, the plaintiff has been the owner of the part of the premises no.18, Rabindra Sarani, Kolkata-700001 (Commonly known as “Poddar Court”). In the month of September, 2003, the defendant no.1 was inducted as a tenant in a portion of the ground floor, which is an area comprising of 200 sq.ft. in respect of room no.12 of premises. no.18, Rabindra Sarani, Kolkata – 700001, by entering into an agreement in writing dated 1st September, 2003.

4. The defendant no.2 is the son