- (1.) The order dated 22nd July, 2011 passed by the learned 6th Bench, City Civil Court at Calcutta in T.S. 875 of 2011 in connection with application filed under section 10 of the Code of Civil Procedure by the defendant is the subject matter of challenge in this revisional application. In or about 4th April, 2011, Pilani Investment and Industries Corporation Limited, (hereinafter referred to as 'Pilani') instituted a suit in the High Court at Calcutta praying for a decree for eviction and for recovery of khas possession of the suit property against Steel Authority of India Limited, (hereinafter referred to as 'SAIL').
(2.) The 'Pilani' filed a suit in this Hon'ble High Court wherein it has been averred in paragraph '7' of the plaint that the plaintiff by a notice dated 21st February, 2011 issued under section 106 of the Transfer of Property Act duly determined the monthly tenancy of the SAIL with the expiry of the 15 days from the date of receipt of the notice and had demanded peaceful and vacant possession of the suit property. It was further stated that in spite of such notice, the defendant failed to deliver of vacant possession and instead by a letter dated 5th March, 2011 refused to deliver of such possession.
(3.) In reply to the notice to quit, SAIL contended that they are tenant of the 5th floor of the said premises for more than 35 years and as per desire of the plaintiff, the monthly rent was enhanced from time to time pursuant to mutual discussion held on diverse dates and there had been no default on the part of the SAIL in tendering the rent every month. SAIL by the said reply expressed its desire to mutually resolve the said issue.;