SANKAR ACHARYYA,J. - (1.) The Court : 1. Moot question for consideration in the instant Letters Patent Appeal is whether the summary judgement of eviction of tenant under Chapter XIIIA of the Original Side Rules and decree dated 12th April, 2016 passed by the learned Single Judge is sustainable or not. Ancillary question is whether the appellant / defendant has substantial defence for an arguable case in case of trial in the suit.
(2.) Plaintiffs filed C.S. No. 221 of 2013. In that suit they filed G.A. 2205 of 2013 for passing of a final judgement of eviction of defendant in favour of plaintiffs under Chapter XIIIA of the Original Side Rules as they believed that the defendant had no defence against the plaint case.
(3.) The suit property is 2731 square feet in the ground floor on the northwest side of a building known as "Anuj Chamber" situated at 24, Park Street, Kolkata. It belongs to Magma Leasing Limited which has been renamed as Magma Fincorp Limited. Magma leased out the suit property to twenty Trusts by virtue of two registered deeds of lease on two different dates. The Trusts inducted the defendant in the suit property as tenant at a monthly rent of Rs.1,50,000/- which was subsequently enhanced to Rs.1,98,375/- per month. The suit property still remains undivided. These facts are undisputed. The defendant took the defence that it has been occupying the suit property under twenty separate tenancies created by twenty Trusts. What is the effect of such defence? If there are twenty tenancies, monthly rent for each tenancy will be less than Rs.10,000/- and the suit for eviction will be governed by the provision of The West Bengal Premises Tenancy Act, 1997 and consequently, the notice to quit under section 106 of the Transfer of Property Act will be improper and the ordinary original civil jurisdiction of this High Court to entertain the suit shall be ousted.;