INDIAN BANK Vs. SMT. ARUNDHUTI MAITY

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 22.7.94 passed by Shri K. Chatterjee, Assistant District Judge of the first Court at Midnapore in Other Suit No. 24 of 1992.

(2.) Briefly stated the plaint case is that the plaintiff, Smt. Arundhuti Maity as the owner of the premises let out a two- storeyed pucca building having a carpet area of 1985 sq.ft. in municipal holding No. 8 within Midnapore Town (hereinafter referred to as the 'suit premises') to the Indian Bank at a monthly rental of Rs. 6969/- payable according to English calendar month. In terms of an agreement between the parties, the tenancy actually commenced w.e.f. 18.12.90 after the premises was renovated by the plaintiff spending a substantial amount. But the defendant opted not to carry on its business from the suit premises and also did not pay rent from June, 1991. Accordingly, the tenancy was determined and the defendant was directed to quit and vacate the suit premises on the expiry of the month of Dec., 1991. But as no heed was paid to the notice, the instant suit was filed on 10.2.92 praying for a decree of eviction against the defendant, all costs and other relief or reliefs as may be found in the law and equity, after valuing the suit at Rs. 83,628.00 being the twelve months rent of the suit premises.

(3.) The defendant contested the suit after filing a written statement denying the material allegations made in the plaint. His specific defence is that in spite of giving notice to the plaintiff to take possession of the suit premises, no action was taken'on her behalf. However, the defendant deposited all the arrears of rent after the institution of the suit and is also depositing the current rent month by month in Court. Several other allegations are also made against the plaintiff for not co-operating in proper functioning of the bank from the suit premises.