JAYANTA SAHA Vs. JANKI BHAGWAN DANSINGANI

JUDGEMENT

(1.) The plaintiff has filed the present application under Chapter XIII A of the Original Side Rules of this Court for summary judgment. The plaintiff has filed Civil Suit No. 125 of 2017 praying for recovery of vacant and peaceful possession of the suit No. 3B on the 3rdfloor of the front building of Premises No. 111, Muzaffar Ahmed Street (commonly known as "Ripon Street") Kolkata - 700 016, arrears of monthly rent, damages and mesne profit.

(2.) The plaintiff contended that on 1/3/2008, a Lease Deed was executed between the plaintiff and the defendant which was duly registered before the Additional Registrar of Assurance-II, Kolkata with respect of the suit premises for a period of 21 years in favour of the defendant on a monthly rent of Rs.1000.00 per month for the first five years, Rs.1100.00 for the second five years, Rs.1210.00 for the third five years, Rs.1330.00 for the fourth year five years and Rs.1465.00 for the remaining last one year. As per the terms and conditions of the Lease Deed, the defendant shall pay the Municipal taxes during the lease period. In the Lease Deed, it is also provided that if the defendant fail to pay the monthly rent for three months and not paid even after demand made by the plaintiff, the Lease Deed entered between the parties will be determined.

(3.) In terms of the Lease Deed, the defendant has taken possession of the premises on 1/3/2008 but defaulted in payment of rent and Municipal tax in accordance with the Lease Deed since the month of November' 2015. The plaintiff had sent a letter to the defendant on 18/5/2016 calling upon the defendant to pay the arrears of monthly rent from the Month of November' 2015 as well as the Municipal Tax but the letter sent by the plaintiff to the defendant returned unserved as "Not Claimed".