SENGUPTA,J. - (1.) Sengupta, J. - This is an application for judgment upon admission in a suit for eviction of a building in the premises No.8, Lenin Sarani, Kolkata. The claim and contention of the plaintiff is that on expiry of the lease for 21 years the defendants have become trespassers as the lease is determined by afflux of time. Written Statement has been filed in the suit.
(2.) This application is based on the basis of the averment and statement made in the Written Statement whereby it appears that there is no dispute and denial as to the existence of the registered lease and there is no dispute again as to the term of the lease of 21 years.
(3.) The dispute raised by the defendants in the Written Statement that in view of a covenant for option of surrender after expiry of three years from the date of inception of the lease the character of the leasehold interest has been changed to a monthly tenancy, as such this suit is not maintainable.;