JUDGMENT :

(Siddhartha Roy Chowdhury, J.)

1. This second appeal challenges the judgement and decree passed by learned 4th Bench of City Civil Court in Title Appeal No. 8 of 2018, reversing thereby the judgement and decree passed by learned Judge, II Bench, Presidency Small Causes Court in Ejectment Suit No. 516 of 2016.

2. For the sake of convenience, the parties will be referred to as they were arrayed in suit before the learned Trial Court.

3. Briefly stated, Kanchana Mukherjee filed the suit for eviction and recovery of possession against the defendant Shib Nath Saha contending, inter alia, that the defendant was inducted as a monthly tenant in respect of suit property by the father of the plaintiff at a rental of Rs. 590/-payable according to English Calendar month with a provision to enhance the rent at the rate of Rs. 30/- after expiry of each year and an agreement was executed on 2nd August, 1999 between Hara Prasad Mookerji since deceased and the defendant to that effect. It was further agreed that the defendant would pay 10% of the increased municipal tax or any other imposition of tax in addition to the rent fixed as aforesaid.

4. It is further contended that the defendant is