SOUMEN SEN, J. - (1.) THE plaintiff has filed this application under Chapter XIIIA of the Rules on the Original Side praying, inter alia, for a decree for eviction.
(2.) THE plaintiff is a lessee for a term of 99 years commencing from January 1, 1962 in respect of Premises Nos.14 and 15, Old Court House Street, Kolkata (hereinafter referred to as the "suit premises").
(3.) UNDER the lease, the plaintiff was entitled to construct a three several buildings on the leasehold property. The building constructed on the middle portion of the said property was subsequently known and numbered as 15C, Hemanta Basu Sarani, Kolkata -700 001 (hereafter referred to as 'the said premises'). Pursuant to an agreement dated 2nd June, 1986 entered into by and between the plaintiff and the defendant, the plaintiff leased out the entirety of the 5th floor to the said premises to the defendant measuring about 6933.46 sq.ft. of super built up area (hereinafter referred to as 'the demised premises') on the terms and conditions and at the rents mentioned in the said agreement as also in the draft Deed of Lease annexed to the said agreement for a term of 21 years commencing from April 1, 1986. The agreement records that a Lease Deed would be executed in terms of the said agreement for a period of 21 years with an option for renewal and such lease would commence on and with effect from 1st April, 1986. The renewal clause in the draft lease agreement stipulates that if the defendant is willing to renew the lease then in that event, the defendant would be required to give to the plaintiff at least three months' notice in writing in that behalf by registered post with acknowledgement due before the expiration of the term. In that event, the sub -lessor shall at the cost of the sub -lessee grant to the sub -lessor the lease of the demised premises for a further term at such a rent and on such terms and conditions as shall be mutually agreed upon in writing.;