DASA Vs. AJAY KUMAR SINGH

JUDGEMENT

(1.) Appeal at the instance of the defendant is directed against a decree for eviction dated March 26, 2013 passed under Chapter XIII A of the Original Side Rules. Appellant is a tenant under the respondent in respect of flat No. 9 on the 9th floor of premises No. 12 A Camac Street, Kolkata together with a car parking area for two cars. Appellant paid rent till November, 2007. The last rent paid was Rs.40,000 per month.

(2.) The appellant came into possession of the suit premises under an agreement dated May 24, 2006. The agreement describes the landlord and the tenant as the licensor and the licensee respectively. The impugned judgment returns a finding that the license for all practical purposes was treated as a tenancy. No ground was urged before us contrary to such finding. Appellant filed a suit before the 6th Bench City Civil Court at Calcutta being Title Suit No. 493 of 2008 praying, inter alia, for a declaration that the appellant was a tenant in respect of the suit premises under the respondent and for a permanent injunction restraining the respondent from creating any disturbance to the peaceful possession and enjoyment of the suit premises and not to be ousted from the suit premises without due process of law. The respondent also filed a suit before the learned 6th Bench of the City Civil Court at Calcutta being Title Suit No. 1101 of 2008 seeking, inter alia, decree of declaration and for eviction as well as for enquiry into the damages. Such suit was filed after issuance of a termination of tenancy notice dated October 17, 2007. The respondent withdrew the suit as recorded in the order dated April 22, 2010 of the learned City Civil Court at Calcutta. In the suit of the respondent an interim application for injunction, was made by the respondent. Against the refusal to grant interim injunction, an appeal was carried at by the respondent herein which was dismissed by a judgment and order dated October 1, 2008.

(3.) The respondent thereafter issued notice of the termination of tenancy dated June 16, 2010 that was sent by registered post with acknowledgement due card. Such notice came back with the endorsement "not claimed". The respondent thereafter affixed the notice at the tenanted premises. The notice dated June 16, 2010 speaks of 15 days' time to vacate.