ARUN KUMAR MITRA, J. - (1.) Challenge has been thrown against Order No.7 dated 17-6-2005 passed by the learned IXth Bench of City Civil Court at Calcutta in Title Suit No. 703 of 2005. Context of the case in which this appeal arose Is as follows :- Cultural Enterprises Corporation being the defendant No.2 in Title Suit No. 703 of 2005 entered Into a deed of lease on 28th June, 1957 with Charuslla Dassi & Ann, the owners of the Premises No. 138/1, Bidhan Saranl along with a cinema hall being Sree Cinema. Two properties being 138/1 and 138/2 with two cinema halls Sree and Uttara were given on lease but In the instant suit we are concerned only with 138/1 Bidhan Sarani i.e.. Sree Cinema.
(2.) The lease was executed on July 18th, 1957 and it was for a period of 40 years I.e. the lease was valid till July 17th, 1997. A sub-lease was executed by defendant No.2 in favour of the appellant herein in respect of the same premises and accordingly, the sub-lease was also to expire on 17th July, 1997.
(3.) On behalf of the owners, a letter was issued by the advocate notifying that lease and sub-lease will expire by efflux of time on 17th July, 1997 and through this letter, possession was demanded.;