COAL INDIA LIMITED Vs. APEEJAY HOUSE PRIVATE LTD

JUDGEMENT

(1.) FACTUAL SCENARIO THIRD FLOOR TENANCY (C.S. No.42 if 2006) Apeejay House Private Limited was the owner of premises no.15, Park Street, Calcutta. Since 1975 Coal India Limited was occupying various portions of the said building as tenant and/or lessee. The subject appeal would relate to tenancy in respect of third floor of the premises that was given to them. Since 1980 they were occupying thirty thousand four hundred eleven square feet more or less at blocks A, B and C of the third floor at a rent that was increased from time to time, the last of such increase was made in April 2004 when the rent was fixed at rupees three lacs forty five thousand one hundred sixty-four and eighty five paise. Coal India Limited duly paid rent up to December 2005. On January 4, 2006 Apeejay terminated the tenancy and demanded vacant possession on expiry of fifteen days from the date of receipt of the notice. Apeejay issued the said notice under Section 106 of the Transfer of Property Act 1882.

(2.) Considering the date of receipt, January 21, 2006 was the last date when they were supposed to hand over possession. From the pleadings it appears that Coal India Limited kept the said premises under lock and key since then and declined to hand over possession.

(3.) Apeejay filed a suit for recovery of possession and on Coal India Limited entering upon appearance Apeejay made an application for summary judgment under chapter XIII-A of the High Court Rules, Original Side. Coal India Limited contested the said application by filing Affidavit-in-Opposition. According to them, the termination was wrongful as it was done contrary to the agreement. They relied upon an agreement that would relate to sixth floor tenancy to expire on January 31, 2012. The learned single Judge, upon hearing the parties, decreed the said suit by directing handing over of possession.