Bhaskar Bhattacharya, J. - (1.) This first appeal is at the instance of a tenant defendant in. a Suit for eviction on the ground of expiry of lease of twenty-one years and is directed against the judgment and decree dated 24th March, 2003 passed by the learned Judge, 11th Bench, City Civil Court at Calcutta in Title Suit No. 397 of 2003 thereby passing a decree for eviction and mesne profit in favour of the respondent.
(2.) The case made out by the respondent may be summed up thus: (a) One Dinendra Nath Auddy, the father of the plaintiff was the owner of the suit premises and by a registered deed of trust and settlement dated 13th October, 1969, the said Dinendra Nath Auddy created a trust in respect of the suit premises whereby he appointed himself as the first trustee and it was further provided that on the death of the first trustee and his wife the trust would come to an end and the plaintiff would become the absolute owner of the property. (b) By a registered deed of lease dated 10th April, 1972 the said Dinendra Nath Auddy created a lease in respect of the suit property in favour of the defendant for a period of 21 years. (c) The said Dinendra Nath Auddy died on 22nd April, 2001 and his wife also died earlier on 12th August, 1986 and thus, the plaintiff became the absolute owner of the property. (d) The lease having come to an end on the expiry of 21 years on 9th April, 1993 but in spite of expiry of its terms, the defendant having failed to vacate and hand over possession of the property, the suit was filed.
(3.) The suit was contested by the defendant by filing written statement thereby denying the material allegations made in the plaint. The specific defence of the defendant was that the lease dated 10th April, 1972 was a defective one due to wrong description of name of the partners and after the death of the original lessor, on the request of the plaintiff, the rate of rent was enhanced and as such, by acceptance of enhanced rent from time to time, a new tenancy has been created.;