GOBINDA GUPTA AND ANOTHER Vs. BEDANA DAS (SMT.)

JUDGEMENT

(1.) This first appeal is at the instance of the defendant and is directed against judgment and decree dated April 30, 1993 passed by the learned Judge, 7th Bench, City Civil Court at Calcutta in Title Suit No. 1430 of 1986 thereby granting a decree of eviction in favour of the respondent.

(2.) The respondent filed the aforesaid Title Suit No. 1430 of 1986 against the appellants for eviction on the ground of expiry of a registered deed of lease for 21 years dated March 20, 1965 between the parties.

(3.) According to the plaintiff, the said lease for 21 years commenced from first day of Baisakh 1372 BS at a monthly rental of Rs. 200.00 payable according to Bengali calendar month. Accordingly to the terms of the lease, the same expired with the month of Chaitra 1392 BS. During the continuance of the said lease monthly rent was enhanced to Rs. 220.00 a month in consideration of the increase in Corporation Tax as provided in the deed of lease. The respondent by a notice dated March 19, 1986 under registered post with Acknowledgement due asked the defendant to deliver vacant possession of the suit property with the expiry of the aforesaid month of Chaitra 1392 BS, but in spite of receiving such letter, the appellants did not vacate the suit property. Hence the suit.