MSLEOD & CO LTD Vs. UCO BANK

JUDGEMENT

(1.) The plaintiff has filed the suit for recovery of possession and mesne profits.

(2.) The plaintiff is the owner of Premises No.3, Netaji Subhas Road, Kolkata 700 001. The defendant is a commercial bank and is in occupation of the northern half on the ground floor measuring a total builtup area of 5283 sq.ft. of the said premises (hereinafter referred to as "the suit premises"). Until determination of the tenancy, the defendant was paying a monthly rent of Rs.44/- (Approx.) per sq.ft. inclusive of service tax and municipal taxes at the applicable rate. The defendant has been in occupation and possession of the suit premises since July 1, 1991 and paid rent in terms of the lease agreement till June 30, 2012. The plaintiff determined the tenancy by a notice to quit dated October 18, 2012 w.e.f January 1, 2013 and called upon the defendant to hand over peaceful and vacant possession of the suit premises to the plaintiff. In spite of receipt of the notice to quit, the defendant has failed and/or neglected or refused to vacate and/or make over peaceful and vacant possession of the suit premises to the plaintiff.

(3.) The tenancy is not governed by the West Bengal Premises Tenancy Act, 1997 and the defendant is not entitled to any protection under the West Bengal Premises Tenancy Act, 1997. The plaintiff in the suit has claimed arrears of rent from July to December, 2012, aggregating Rs.37,07,814/-, mesne profits and interests.