Shivakant Prasad, J. - (1.) This is a suit for eviction mesne profits valued at Rs. 17,51,804.64 p. Plaint case in brief is that by an agreement for tenancy dated April 17, 1979 Rahul Investment Ltd. let out the covered area measuring about 7500 sq. ft. at the Second and Ground Floor of the Premises No. 4/1, Red Cross Place, Kolkata-700 001 to Gujarat Cotton Mills Pvt. Ltd. now known as Kanoria Jute & Industries Limited, being the defendant herein, was a monthly tenant of a portion of the ground floor and second floor of Premises No. 4/1, Red Cross Place, Kolkata-700 001 (hereinafter referred to as the suit premises) under Rahul Investments Limited since the year 1979.
(2.) The defendant accepted the plaintiff as its landlord in respect of the suit premises at a rental of Rs. 22,150/- per month which was paid lastly for the month of September, 2004. The corporation taxes for the demised portion was lastly paid at the rate of Rs. 13,456/- per quarter while the commercial surcharge for the demised portion was also paid at the rate of Rs. 13,456/- per quarter lastly for the quarter April, 2004 to September, 2004. No rent or corporation tax or commercial surcharge was paid for any period after September, 2004 against the arrears of rents and taxes for the prior period aggregating to Rs. 9,65,098/-.
(3.) So, the plaintiff by a notice dated 22nd May, 2007 terminated the tenancy of the defendant with effect from expiry of one month from the date of receipt of the said notice by the defendant which was duly served upon the defendant by Registered Post on 29th May, 2007 calling upon the defendant to quit and vacate the suit premises but the defendant failed to vacate the suit premises.;