LAKSHMI THAKURANI Vs. PROMOD KUMAR AGARWAL

JUDGEMENT

(1.) The plaintiff has filed the present application under Chapter XIIIA of the Original Side Rules of this Court for summary judgment and decree for eviction of the defendants and for recovery of khas possession of the suit property. The plaintiff is the sole and absolute owner of the Municipal premises No. 117, B.K. Pal Avenue, P.S. Jorabagan, Kolkata - 700 005 along with four storied building standing thereon, by way of registered Deed of Declaration dtd. 29/5/1963. The said property was originally belonged to one Sambhu Kumar Pal, who dedicated the said property to the deity. In the said Deed of Declaration, Sambhu Kumar Pal, appointed himself as first Shebait of the said deity and provided that after his demise, his wife Shanti Bala Pal and his son Shyamal Kumar Pal would succeed the office of the Shebait.

(2.) The defendants were lessees of the entire third floor of the said premises at a monthly rent of Rs.2049.74. A registered Lease Deed was entered between the plaintiff and the defendants on 15/12/1995 for a period of 25 (twenty five) years with effect from 1/11/1995 till 31/10/2020. In the meantime, the debutter property including the suit property was made a subject-matter of a partition suit being T.S. No. 1955 of 2011 instituted before the Learned City Civil Court at Calcutta. In the said suit, debutter property was put under the control, administration and management of an Advocate Receiver appointed in the said partition suit. In a Revisional Application, the Coordinate Bench of this Court in C.O. No. 629 of 2019 expunged the debutter property from the schedule of the plaint of T.S. No. 1955 of 2011.

(3.) As the lease period was going to expire on 31/10/2020, the plaintiff by a letter dtd. 3/9/2020 intimated the defendants that the lease period is going to expire on 31/10/2020 and requested the defendants to hand over the peaceful, vacant and khas possession of the suit property on the date of expiration of Deed of Lease.