SAVITA DEY Vs. NAGESWARMAJUMDAR

JUDGEMENT

(1.) In furtherance to our Order dated May 11, 1994, allowing this appeal, setting aside the judgment and order of the Division Bench of the Calcutta High Court, restoring that of the trial Court, we hereby release our deferred reasons to complete the judgment.

(2.) The landlord-appellant herein was the plaintiff. The defendants-respondents were the tenants. The appellant filed a suit for recovery of possession of the demised premises and for mesne profits in the City Civil Court at Calcutta against the tenants-respondents. The suit was based on the premises that by a registered deed of lease D/-6-7-1964, the demised premises were leased out to the respondents for a period of 21 years commencing from July 1, 1964 and ending on June, 30, 1985 at the agreed upon rate of Rs.475/- per month which subsequently was increased to Rs.501/- per month, consequent to the increase in municipal tax. Since the lease was expiring on June 30, 1985, the appellant sent a quit notice on 26-5-1985 requiring the respondents to vacate the premises, on the efflux of time on June 30, 1985. Since the respondents did not vacate the demised premises despite notice, a suit for possession was filed against the respondents claiming Rs.100/- per diem for wrongful use and occupation after the expiry of the period of lease.

(3.) The respondents even though contesting the suit had not much to offer in defence. They pleaded that they had wrongly been made to pay Rs.5,000/- as Salami at the time of the execution of the lease deed and that rent was enhanced to Rs. 501/- per month contrary to the terms of the lease. And this act of enhancement had the effect of tenancy becoming from month to month, in substitution of the lease, attracting provisions of the West Bengal Premises Tenancy Act, 1956.