NATIONAL TRADERS Vs. SRIMANTA AUDDY

JUDGEMENT

(1.) This first appeal is at the instance of a tenant defendant in. a Suit for eviction on the ground of expiry of lease of twenty-one years and is directed against the judgment and decree dated 24th March, 2003 passed by the learned Judge, 11th Bench, City Civil Court at Calcutta in Title Suit No. 397 of 2003 thereby passing a decree for eviction and mesne profit in favour of the respondent.

(2.) The case made out by the respondent may be summed up thus:

(3.) The suit was contested by the defendant by filing written statement thereby denying the material allegations made in the plaint. The specific defence of the defendant was that the lease dated 10th April, 1972 was a defective one due to wrong description of name of the partners and after the death of the original lessor, on the request of the plaintiff, the rate of rent was enhanced and as such, by acceptance of enhanced rent from time to time, a new tenancy has been created.