Debangsu Basak, J. - (1.) THE suit is for specific performance of an agreement claimed to be entered into in July 1994 and in the alternative vacant and peaceful possession of premises No. 3D, Camac Street, Kolkata and for mesne profits.
(2.) THE plaintiff had granted a lease of a portion of premises No. 3D, Camac Street, Kolkata to the predecessor -in -interest of the defendant on November 28, 1963 for a term of ten years and eleven months. The predecessor -in -interest of the defendant came into possession of the suit premises pursuant to such deed of lease. The predecessor -in -interest of the defendant carries on the business of a petrol pump at the suit premises. The deed of lease allowed the defendant option of two extensions of 10 years each. The predecessor in interest of the defendant exercised its two options. The lease stood extended upto July 31, 1994. According to the plaintiffs, the original lessor died on July 17, 1989. By a registered deed of trust dated January 20, 1981 the original lessor demised the premises in favour of the plaintiffs herein. The lease stood determined by efflux of time on July 31, 1994. By a letter dated April 25, 1994 the defendant offered to take the premises on lease for a period of 21 years effective from August 1, 1994 with an option to renew the same for a further period of 10 years. According to the plaintiff an agreement was entered into between the parties on July 19, 1994. Such agreement as understood by the plaintiffs is enumerated in paragraph 11 of the plaint. According to the plaintiff, since the defendant had failed and neglected to act in terms of such agreement, the plaintiffs are entitled to specific performance thereof and in the alternative eviction of the defendant from the suit premises along with mesne profits. At the commencement of trial of the suit the plaintiffs gave up its right to claim specific performance. The same is recorded in the Order dated June 18, 2014. The plaintiffs limited their claim for eviction and mesne profits in the suit.
(3.) THE defendant has entered appearance and is contesting the suit. The defendant has filed a written statement. The defendant claims that the lease was renewed from time to time till July 31, 1994. The defendant claims that the suit property became vested with the State of West Bengal under the provisions of the Calcutta Thika and Other Tenancies and Land (Acquisition and Regulation) Act, 1981. The defendant admits having made a request for execution of a fresh lease in view of the imminent expiry of the existing lease by efflux of time. According to the defendant such request was made without prejudice to the rights and contentions of the defendant that, the suit property stood vested with the State of West Bengal under the provisions of the Calcutta Thika and Other Tenancies and Lands (Acquisition and Regulation) Act, 1981.;