- (1.) This appeal is directed against the judgment and decree dated June 7, 2010 passed by the learned Chief Judge, Chief Bench, City Civil Court at Calcutta in the matter of Park Street Properties (P) Limited vs. Dipak Kumar Singh & Anr. The impugned judgment and decree was passed in respect of a suit for recovery of khas possession of a joint tenancy of a portion of the ground floor of Premises No.55, Park Street, P.S. Park Street, Kolkata-16, three godowns bearing Nos.13, 15 and 16 lying and situated on the ground floor of Premises No.47, Park Street, P.S. Park Street, Kolkata- 16 (hereinafter referred to as the suit premises). It was decreed on contests in favour of the plaintiff/respondent (hereinafter referred to as the respondent) directing the defendants/appellants (hereinafter referred to as the appellants) to vacate the suit premises within 3 months with liberty to execute the decree for taking possession of the suit premises in case of failure on the part of the appellants to vacate the suit premises in compliance of the above direction.
(2.) The facts of the case in a nutshell are as under: Karnani Properties Limited, a company incorporated under the Companies Act, 1956 was the owner of the suit premises. The aforesaid Karnani Properties Limited let out the suit premises in favour of the plaintiff with right to sublet the same or portions thereof. The respondent entered into an agreement dated October 15, 2004 with the appellants subletting the suit premises for the purpose of carrying on a business therefrom under the name and style "Blue Fox Restaurant". Subsequently, the appellants requested the respondent to allow them to run franchise or business dealing with Macdonald's Family Restaurant from the suit premises. The respondent agreed to the above proposal. The aforesaid agreement dated October 15, 2004 was terminated and a tenancy of the suit premises was created in favour of the appellants on the basis of an unregistered agreement dated August 7, 2006 at a rent and on the terms and conditions mentioned in the above agreement.
(3.) By virtue of the above unregistered agreement, the tenancy under reference commenced and established with effect from August 1, 2006 at a rent of Rs.20,000/- per month payable by the tenants by the 7th day of every succeeding month according to English Calendar month. The aforesaid unregistered agreement contained a provision for enhancement of rent at the rate of 15 per cent on expiry of every 3 years from the date of commencement of the above tenancy. The above unregistered agreement further contained a default clause to the effect that in the event of any default on the part of the tenants in making payment of rent for 3 consecutive months or in the event of any breach of any of the terms and conditions contained therein to be performed and observed on the part of the tenants, the landlord should be entitled to serve a notice calling upon the tenants to make payment of rent and to remedy for breach of any of the other terms and conditions and failure on the part of the tenants to remedy the breach within 30 days, the landlord should be entitled to determine or terminate the tenancy.;