RAMESHWAR PROPERTIES PVT. LTD. Vs. KMC AND ORS.

JUDGEMENT

(1.) The subject premises is Stephen House, at premises no.6E, R.N. Mukherjee Road, Kolkata-700 001. Since 1st Feb., 1982, the writ petitioner is in occupation of 1366 sq.ft. on the ground floor of the said premises on a long lease of 75 years.

(2.) Admittedly, the lessee had the power to underlease. They have underleased their leasehold interest in favour of Central Bank of India.

(3.) Now, the problem is this. The demised portion is being used by the bank for commercial purposes. Commercial surcharge in addition to property tax is payable in respect of the said portion.