MIR DARA SHEKO,J. - (1.) Aggrieved by the judgment and decree delivered by the Learned Civil Judge (Sr. Division) 2nd Court Alipore, 24 -Parganas (South), in Title Suit No. 2027 of 2010 on July 29, 2013, the defendant -appellant has preferred the instant first appeal.
(2.) The admitted facts are set out hereunder: - (a) The respondent/plaintiff is the owner of the suit premises described in the plaint schedule. (b) Tenancy was created in respect of the suit premises in the year 1957 at a monthly rent of Rs. 475/ - in favour of the appellant company of which M.N. Dastur, since deceased, was the Chairman and Managing Director. (c) Tenancy right was continued in favour of the defendant company despite the demise of M. N. Dastur and his wife. (d) In view of negotiation between the parties monthly rent of the suit premises was enhanced to Rs. 50,000/ - payable according to English Calendar month on and from January 1, 2009. (e) The appellant continued payment of such rent at the enhanced rate month by month and the respondent -plaintiff accepted the same in respect of the suit premises from the appellant -defendant up to June 2009. (f) The appellant received notice to quit under Section 106 of the T.P. Act dated 19.4.2010 by which the respondent asked to vacate the suit premises "by end of May 2010". (g) The appellant did not vacate the suit premises and the suit for eviction and mesne profits from June 1, 2010 was filed on July 15, 2010. Specific defence is that the notice for eviction was illegal and invalid by which the relationship of the landlord and tenancy between the parties was not terminated and, therefore, the continuation of possession by the appellant is not that of a trespasser.
(3.) Learned Trial Court framed the following issues: - 1. Is the suit maintainable in its present form? 2. Does the plaintiff have cause of action to institute the suit? 3. Was the defendant a tenant in respect of the suit premises under the plaintiff? 4. Was the tenancy of the defendant terminated by a leg and valid notice U/S. 106 of the Transfer of Property Act? Whether notice U/S. 106 of the T.P. Act duly served upon the defendant? 5. Is the plaintiff entitled to get the reliefs as prayed for? 6. To what other reliefs if any, is the plaintiff entitled to? ;