- (1.) This is an application filed by the plaintiff under Chapter 13A of the Rules on the Original Side of this Court for summary eviction of the defendant from premises no.18 Hemanta Basu Sarani previously known as 1, 2 & 3 Old Court House Street, Calcutta 700069.
(2.) The plaintiff claims to be the owner of the property in question. The plaintiff sued the defendant seeking recovery of possession of a 6000 sq. ft. space in the ground floor of the premises No.18, Hemanta Basu Sarani, Kolkata 700 069 for recovery of arrear rent of Rs.39,20,000/- (rupees thirty nine lacs twenty thousand only) and for mesne profits. The plaintiff claims that the last rent paid by the defendant was Rs.40,000/- (Rupees Forty Thousand Only) per month and on that basis it is contended by the plaintiff that the tenancy of the defendant is governed by the provisions of The Transfer of Property Act, 1882 and not by the West Bengal Premises Tenancy Act, 1997. On such assumption the plaintiff has served a notice dated 17th May 2012 under Section 106 of the Transfer of Property Act terminating the tenancy of the defendant on expiry of fifteen days from the date of receipt of the notice.
(3.) The notice was received by the defendant on 18th May, 2012 and with effect from 3rd June, 2012 the tenancy of the defendant stood determined. According to the plaintiff the defendant has no defence to its claim for eviction and accordingly this application has been filed for summary disposal of the suit on the basis of affidavit evidence.;