- (1.) On 06.06.2012 the plaintiff/respondent no. 1 as owner of suit premises filed a civil suit, being C.S. 201 of 2012, for eviction of the tenant, being the defendant/appellant before us, from the suit premises with prayers for recovery of arrear rent and mesne profit while claiming service of notice to quit upon the defendant prior to filing of the said suit.
(2.) On 22.08.2012, the defendant/appellant entered appearance in that suit after receiving Master's summons and expressed intention to file a written statement. On 31.08.2012, the defendant filed an application, being G.A. No. 2427 of 2012, which was affirmed on 29.08.2012, for extension of time to file the written statement. After receiving the notice of motion in respect of that application, the plaintiff/respondent no. 1 filed G.A. 2408 of 2012 affirmed by an affidavit on 31.08.2012 for passing of a final judgment under Chapter XIIIA of the Original Side Rules of this High Court in favour of the plaintiff for a summary decree for recovery of vacant possession in the suit premises. Defendant/appellant filed affidavit-in-opposition dated 20.11.2012 to the said application of plaintiff/respondent challenging the material allegations of plaintiff/respondent no. 1 and dealing with all matters of fact specifically.
(3.) Succinctly stated, the plaintiff's case is that the suit premises at 18, Hemanta Basu Sarani, belonged to Great Eastern Hotel and the defendant was monthly tenant therein. The State of West Bengal acquired the property by legislative enactment and it vested in the State. Subsequently, by successive legislations and Government notifications, the property ultimately vested in the plaintiff company with effect from 05.10.2005. Defendant failed to pay monthly rent at the rate of Rs.40,000/-. Plaintiff served notice dated 17.05.2012 upon the defendant determining the tenancy, but the defendant did not vacate the suit premises even after expiry of notice period.;