ARUN KUMAR MEHROTRA Vs. BHASKAR SEN

JUDGEMENT

(1.) This first appeal is at the instance of the defendants in a suit for eviction on the ground of expiry of lease of 21 years and is directed against the judgment and decree dated March 31, 1999 passed by the learned Judge, 8th Bench, City Civil Court at Calcutta in Title Suit No.1705 of 1983 by which the learned Trial Judge decreed the suit for eviction.

(2.) The plaintiff-respondents filed the aforesaid suit for eviction of the appellants on the ground that the predecessor-in-interest of the defendants namely, one Sambhu Nath Burman (Mehrotra) took lease of a portion of the premises situated in the third floor on the basis of a registered deed of lease for a period of 21 years commencing from 1st July, 1959 and expiring on 30th June, 1980. According to the plaintiffs, in spite of expiry of the lease and giving notice to the defendants who are the heirs of the original tenant, they refused to vacate the property. Hence the suit.

(3.) The suit was contested by the appellants by filing written statement thereby denying the material allegations made in the plaint and the defence of the appellants was that even prior to the execution of the registered deed of lease of 21 years, the predecessor-in-interest of the appellants was a tenant governed by the West Bengal Premises Tenancy Act but at the relevant point of time, for the purpose of enhancing the rent from Rs.47/- a month to Rs.100/- a month, a deed of lease was executed lest any proceeding is initiated by the tenant before the Rent Controller for fixation of rent at a lesser rate. It was, however, contended that there was specific understanding between the parties that there would be no change in the character of the tenancy and accordingly, notwithstanding the execution of such registered deed of lease of 21 years, Sambhu Nath Burman continued to hold the tenancy as a monthly premises tenant under the provisions of the West Bengal Premises Tenancy Act, 1956.