N. Patherya, J. - (1.) This is an application filed under Chapter XIIIA of the Original Side Rules for a decree of eviction.
(2.) The case of the petitioner is that it is the owner of premises No. 41, Chowringhee Road, Calcutta (said premises). By a lease deed dated 16th September, 1985 23000 Sq. ft. on the first floor of the said premises was let out to the defendant No. 1 for 30 years. The lease deed barred subletting or assignment. The defendant No. 1 let out the said portion to third parties and subsequently the third party was added as defendant No. 2. The plaint was amended and additional grounds by amendment were included. Although the defendant No. 1 has entered appearance no written statement has been filed. There are two reports filed, one set has been filed by Joint Special Officers and the other set by engineers. The defendant No. 2 has taken exception to the report of the engineers but has accepted the report of the Joint Special Officers. Clauses 2, 4 and 11 of the lease deed are relevant as the said clauses have been breached and notice given. Inspite of receipt of notice no reply was forthcoming and therefore suit filed. The plaint has been amended twice. Once when the induction of third parties came to the knowledge of the petitioner and second when works endangering the tenancy was undertaken. Therefore, as the plaint stands today there are two grounds for eviction of the defendant namely (i) parting with possession and (ii) damage by cutting, both of which have been proved and therefore a decree is called for.
(3.) Initially cheques were sent by the defendant No. 1, later it was sent by the defendant No. 2 although TDS was issued by the defendant No. 1. In view of the aforesaid by Order dated 8th October 2004, the defendants were directed to make payment directly. Pursuant thereto the defendant No. 2 has issued cheques and the TDS certificates, though payments are now made by demand drafts.;