VIKRAMAJIT SEN, J.

1. This Appeal assails the Order dated 18.9.2009 passed by the learned Single Judge passing a Decree for possession predicated on the Plaintiff?s Application, IA No.3384/2008 filed under Order XII Rule 6 of the Code of Civil Procedure, 1908 („CPC? for short). The learned Single Judge has concluded “that the written statement contains unambiguous admissions about the lawful tenancy of the defendant having expired on 31-12-2004; there has been no extension of the lease arrangement, which ended by efflux of time, and the plaintiff sent notices asking the defendant to vacate the premises. The plaintiff is, in this court?s view, clearly entitled to the decree of possession he seeks, through the present application. In view of these findings, the relief sought in the other application is rendered infructuous; the plaintiff would have to prove his entitlement to damages; and the amount he seeks as a decree, for the purpose”.

2. The learned Single Judge has rejected the Application of the Plaintiff, being IA No.3385/2008 moved simultaneously with the above mentioned application, praying for mandatory injunction requiring the Defendant to deposit a sum of Rupees