IN THE HIGH COURT AT CALCUTTA Civil Revisional Jurisdiction Appellate Side Present:

The Hon’ble Justice Biswaroop Chowdhury C.O. 1850 of 2021 Amitava Dutta VERSUS Upendra Baitha And Ors.

for the petitioner: Mr. Dyutiman Banerjee, Adv.

Mr. Navojit Mukherjee, Adv.

for the Opposite Party No.1. Mr. Sourave Chatterjee, Adv.

Last Heard on: February 24, 2023 Judgment on: March 13, 2023 Biswaroop Chowdhury,J:

The Petitioner before this court is a landlord/plaintiff in a suit for eviction and is aggrieved by an order dated 13/04/2021 passed by Learned civil Judge (Jr division) 3rd Court at Alipore in Ejectment suit no 177of 2018.

The case of the plaintiff/petitioner may be summed up thus 1. The petitioner/plaintiff is the owner of the suit property and the predecessor of the defendant was a monthly tenant under the plaintiff in respect of a garage at a monthly rental ofRs45/. The father of the plaintiff was the owner in respect of the suit property and he died intestate on30-06-1977. At the time of death he left behind his wife one daughter and the plaintiff being his son. All of them got 1/3rd undivided share in the suit property. The plaintiffs mother during her lifetime executed a Will wherein