T.E.THOMSON Vs. ROMA CHOPRA

JUDGEMENT

(1.) The Court : In a suit for eviction, the plaintiff has filed this application under Order XII Rule 6 of the Code of Civil Procedure (hereinafter referred to as "the Code") for a judgment upon admission and a decree for eviction against the defendants.

(2.) Shortly stated the facts leading up to the filing of the present application are that the petitioner company is the owner of premises No. 9A, Esplanade Row East (presently known as Sidhu Kanu Dahar), Kolkata 700069 comprising two buildings, one in the front having a two storied structure with a mezzanine floor in between the ground and first floor and one at the back, which is a two storied building. By a registered deed of lease dated January 31, 1969 (hereinafter referred to as the "said deed of lease") executed between the petitioner and the respondent nos. 1, 2, 3 along with six others, namely Smt. Anuradha Debi, Smt. Radhika Debi, Smt. Kishori Debi, Smt. Sudama Debi, Smt. Premlata Chopra, Smt. Raj Mohini Chopra, (hereinafter referred to as "the said lessees") the petitioner demised the roof of the front building of the said premises comprising an area of approximately 8,000 square feet (hereinafter referred to as "the suit property") in favour of said lessees for a period of 99 years, commencing from February 1, 1969 and expiring on January 31, 2068. The rent payable by the said lessees in respect of the suit property was fixed at Rs.8000/- per month. The said deed of lease conferred a right upon the said lessees to construct additional floors on the suit property in accordance with the plans to be approved by the lessor and sanctioned by the Kolkata Municipal Corporation. Clause 12 of the said deed of lease provided that with the previous consent in writing of the lessor, the lessees shall have the right to sub-let the whole or any part of the suit property and the additional floors and the sub-tenancy and/or sub-lease shall be governed by all the terms and conditions of the said deed of lease. As per clause III (b) of the deed of lease further in case of any breach of any covenant or condition of the lease by the lessees it shall be lawful for the lessor to re-enter and possess and enjoy the demised premises and additional the floors thereon and immediately thereupon the said term shall stand absolutely determined.

(3.) It is the case of the petitioner that the said lessees were the joint tenants/joint lessees in respect of the suit property. The petitioner has alleged that the said lessees have defaulted in payment of lease rent, made unauthorised construction at the suit property without prior written consent of the petitioners and without obtaining appropriate sanctioned plan from the Kolkata Municipal Corporation. Further, the said lessees have sub-let the suit property without the petitioner's prior permission in writing. According to the petitioner, the said acts of the lessees amounted to breach of the covenants of the said deed of lease and on August 10, 2017 the petitioner issued a notice of forfeiture to the respondent no.2, as one of the joint lessees. By the said notice the petitioner called upon the respondent no.2, as one of the joint lessees to hand over vacant possession of the suit property to the petitioner on September 1, 2017. By a letter dated August 18, 2017 the respondent no.2 denied the allegations made by the petitioner in the said notice dated august 10, 2017. The petitioner replied to the said letter dated August 18, 2017. Since the respondent no.2 and the other lessees did not vacate the suit property in terms of the said notice dated August 10, 2017 the petitioner filed the eviction suit by impleading three of the said lessees, the respondent no.s 1, 2 and 3 herein as the defendants. The sub-tenant Sampark Advertising and Media Pvt. Ltd. has also been impleaded in the suit as the defendant no.4.