- (1.) The plaintiff seeks eviction of the defendant from the suit premises. The plaintiff claims that, by a registered lease dated March 25, 1970 the plaintiff granted lease of its steel rolling business to the defendant no. 1. The defendant no. 1 having committed various breaches of such lease, the plaintiff through its Advocate's letter dated December 24, 1979 called upon the defendant no. 1 to vacate the suit premises on expiry of April 30, 1980. The plaintiff also claims that the defendants are guilty of construction as well as making addition and alteration at the suit premises without the consent of the plaintiff.
(2.) The defendants are contesting the instant suit. The defendant no. 2 is a partnership firm in which the defendant no. 1 is a partner. The defendants have filed a written statement. The defendants have denied having any obligation to vacate the suit premises. The defendants claim that, the tenancy is governed by the provisions of the West Bengal Premises Tenancy Act, 1956.
(3.) The parties invited the Court to settle the issues on November 24, 2014. The issues settled are as follows:- 1. Did the plaintiff lease out its steel rolling mills, factory and workshop situate at 106 & 106/1, Dharmatala Road, Salkia, Howrah, under the registered lease dated 25th March, 1970 to the defendants? 2. Is the lease of steel rolling mills, factory and workshop situate at 106 & 106/1, Dharmatala Road, Salkia, Howrah, to the defendants governed by and under the provisions of West Bengal Premises Tenancy Act, 1956 as alleged in paragraph nos.7 & 12 of the written statement? 3. Was the plaintiff required to serve a notice u/s. 13(6) of the West Bengal Premises Tenancy Act, 1956 upon the defendants? 4. Is the plaintiff entitled to recovery of the suit properties as described in the schedules of the plaint? 5. Is the plaintiff entitled to mesne profits, if so at what rate? 6. Is the plaintiff entitled to damages, if so to what extent? 7. Is the suit maintainable as framed? 8. Is the suit barred by limitation? 9. What other reliefs the plaintiff is entitled to?;