I.P.MUKERJI,J. - (1.) This is a Chapter XIIIA application.
(2.) The cause of action is founded on a registered deed of lease dated 18th February, 1991, executed by the trustees of the plaintiff No. 1 trust. These trustees are plaintiff Nos. 2 to 5. The lease was in favour of the defendant for a period of 21 years and six months from 1st September, 1989, at a monthly rent of Rs. 47,398/-. There was a rent escalation clause. The rent was to be increased at the rate of 25% after every five years. The rent last paid was Rs. 1,27,637/- per month. The subject matter of demise was 6990.32 sq.ft. on the ground and first floors of premises No. 25 Princep Street, Kolkata 700 072. The lease expired by efflux of time on 28th February, 2011.
(3.) Thereafter, the lessee was allowed to hold over as a monthly tenant. This tenancy was duly determined by the plaintiffs by the notice dated 5th July, 2011. The notice gave 15 days' time to the lessee to vacate the premises, which time expired on 24th July, 2011.;