Sudip Ahluwalia, J. - (1.) G.A. 3298 of 2014 is an application praying for final judgment and decree for vacant, Khas and Physical possession of the demised premises, by evicting the defendant/respondent therefrom.
(2.) The background of the matter is that the suit was filed for eviction of the defendant/Bank, who according to the plaintiff had been a lessee in respect of an area of 1485 Sq. Feet on the Ground Floor of Premises no. 68/1A, Nimtala Ghat Street, Kolkata - 6. The lease was for commercial purpose. The lease agreements were executed /revived between the parties from time to time. The last such agreement was made on the 7th of July, 2005. Prior to determination of the lease by the plaintiff, the defendant used to pay a monthly rent of Rs. 12,919.50 calculated @ Rs. 8.70 per sq. ft besides proportionate Municipal Taxes and Commercial Surcharge. The lease was determined by the plaintiff by way of his Advocate's Notice dated 05.09.2013 which was served upon the respondent. After the defendant failed to quit the premises in terms of the Notice, the plaintiff filed the suit for its eviction, mesne profits and other ancillary relief(s). The defendant failed to filed its Written Statement within the stipulated time after which the plaintiff filed the G.A No. 3298 of 2014. It has however been opposed on behalf of the defendant-Bank whose contention is that the plaintiff is not entitled to recover possession of the demised premises since the defendant's rights are covered by the provisions of the West Bengal Premises Tenancy Act 1997, and not by the Transfer of Property Act, 1882.
(3.) On the other hand, the plaintiff's contention is that the provisions of the WBPT Act are not attracted since the rent exceeds the monetary limit provided under the Act. To counter this contention, it has been submitted on behalf of the defendant that there is no existence of any registered lease deed between the parties on account of which it cannot be said that the rent exceeds the monetary limit prescribed under the WBPT Act.;