I.P. Mukerji, J. - (1.) BY a document dated 25th October, 1990, claimed to be a lease, the plaintiffs, being the joint undivided owners of premises No. 44 Park Street, Kolkata - 700016 (hereinafter referred to as "the said premises") purported to demise 7241 square feet on the ground and mezzanine floors of it to the defendant for 21years commencing from 10th July, 1990.
(2.) ADMITTEDLY the document is unregistered and appears to be deficiently stamped. All alleged rights of the parties under the document were extinguished on 09th July, 2011 by efflux of time. So any discussion on its validity is purely academic. The defendant paid rent till June, 2011. On 10th July, 2011 either the bank was a trespasser or a monthly tenant or lessee. The plaintiffs treated the defendant as a monthly tenant or lessee by their notice dated 28th June, 2011, (exhibit I). It recited the earlier correspondence, by which the defendant was asked to vacate the said premises by 9th July, 2011. Thereafter it was stated that the letter was a notice under Section 106 of the Transfer of Property Act, 1882. The defendant was called upon to vacate the said premises by 31st July, 2011.
(3.) MR . Saha, learned counsel for the defendant contended that there was incongruity in the notice because treating the relationship as a monthly tenancy or lease, the defendant was asked under Section 106 of the said Act to vacate the premises on 09th July, 2011. Alternatively in the said notice there was a stipulation that the defendant had to deliver vacant possession by the expiry of July, 2011. The notice purported to determine the lease under Section 111(h) of the Transfer of Property Act, 1882.;