Altamas Kabir, J. - (1.) This appeal arrives out of a suit filed by the respondent herein against the Central Bank of India for recovery of khas possession of the suit premises.
(2.) The case as made out in the plaint is that the properties mentioned in the schedule thereto, along with other properties, belonged to one Biswanath Chatterjee exclusively. On 21st May, 1965, the said Biswanath Chatterjee granted a lease of the suit properties in favour of the Central Bank of India for a period of 1 years commencing from 15th June, 1965. The lease deed contained an option clause for renewal of the lease for three further terms of seven years each on such terms and conditions as might be mutually agred upon.
(3.) The said Biswanath Chatterjee died on 8th May, 1975, leaving a Will by which he appointed the plaintiff. Baidya Nath Chattopadhyay as his sole Executor. On Biswanath Chatterjee's death the plaintiff filed an application for grant of probate before the learned Chief Judge, City Civil Court, at Calcutta, and such probate was duly granted to him on 17th August, 1993. Theee aforesaid lease expired by efflux of time on 15 June 1986. Prior to the expiry of the lease the plaintiff gave a legal notice to the Bank on 16th April, 1986, informing the Bank that although the lease was to expire on 14th June, 1986, the option of renewal contained in the lease deed had not been enforced. It was also indicated in the notice that in view of such inaction by the Bank it was to be presumed that there was no intention on the part of the Bank to enforce or exercise the option of renewal and consequently the lease would stand determined by efflux of time on and from 15th June, 1986. Despite such notice, the Bank did not take any steps to exercise its option of renewal of the lease and continued in possession of the suit premises even after determination of the lease by efflux of time.;