Chittatosh Mookerjee, J. - (1.) M.P. Works Private Limited, opposite party in this Rule has instituted a suit against the present petitioner as defendant in the City Civil Court at Calcutta, inter alia, for ejectment and delivery of khas possession of the premises in suit and for mesne profits. It has also prayed for a decree for mesne profits from July 1,1971.
(2.) The suit-premises is a godown situate in the ground floor of No. 6-B, Bentick Street, Calcutta in respect of which the present petitioner was a monthly tenant at a rental of Rs. 2350/- according to English Calendar (vide paragraph of the plaint). According to the plaintiff - opposite party the defendant had made default in payment of rent from June, 1971 and the plaintiff had served a combined notice under Section 13(6) of the West Bengal Premises Tenancy Act 1956 and under Section 106 of the Transfer of Property Act upon the defendant petitioner directing it to deliver khas possession of the premises on the expiry of the month of October. 1971. For the purposes of jurisdiction and Court-fees the suit has been valued at Rs. 28, 200/- for ejectment and Rs. 500/- for mesne profits tentatively (vide paragraph 8 of the plaint).
(3.) The defendant - petitioner is contesting the aforesaid suit and has filed its written statement. The petitioner also filed two separate petitions, one under Section 113 read with Order 46(1) and (2) of the Code of Civil Procedure and the other in respect of the Court-fees payable on the plaint.;