Sahidullah Munshi, J. - (1.) This suit has been filed by Narbada Vyapaar Private Limited, a company incorporated under the Companies Act, 1956, for a decree for eviction and for recovery of vacant peaceful khas possession of the suit premises being a portion of ground and first floor of Kolkata Municipal Premises No.24B, Nimtolla Ghat Street, Kolkata 700006, together with mesne profit @ Rs.100/- per sq.ft. per month on and from 24th July, 2015 until delivery of vacant possession of the suit premises to the plaintiff. The plaintiff alternatively prayed for an enquiry into mesne profit and a decree for such sum as may be found due and payable by the defendant to the plaintiff and for interest and interest upon judgment @ 18% per annum.
(2.) Referring to a report dated 28th April, 2017 of the Deputy Sheriff, it was recorded by this Court in its order dated 11th September, 2017 that despite service of summons the defendant failed to enter appearance and the matter was directed to be listed as an 'undefended suit'. In terms of the said order the suit appeared in the 'undefended' category and hearing proceeded. Evidence was recorded on 14th November, 2017 and hearing commenced and concluded on 27th November, 2017. But no one appeared on behalf of the defendant.
(3.) In brief, the plaint case is as follows:- a) Plaintiff is the owner of the suit premises by virtue of a Deed of Conveyance dated 31st March, 2012. b) The suit premises were sold to the plaintiff by his vendor with all tenants including the defendant. The defendant was a monthly tenant in the suit premises from August, 2010 comprising a total area of 10,835 sq.ft. The defendant was inducted as a tenant in the said premises by the plaintiff's vendor, namely, the erstwhile owner on 24th August, 2010. c) Plaintiff issued letters of attornment to the defendant some time in 2012. d) The defendant was liable to pay monthly rent together with Municipal rates and taxes and the total amount payable as rent was Rs.1,48,980/-. e) In pursuance of the letter of attornment the defendant started paying monthly rent to the plaintiff. f) On the defendant's refusal either to renew the lease or to enhance the rent the plaintiff issued a letter dated 4th July, 2015 under Section 106 of the Transfer of Property Act, terminating the tenancy. g) Despite termination of such notice defendant continued in possession and, accordingly, a suit being C.S. No.268 of 2015 was filed earlier, but inasmuch as the plaintiff accepted occupational charges till the month of August, 2016 and thereby waived the notice of termination issued under Section 106 of the Transfer of Property Act, the suit was withdrawn with liberty to file a fresh suit on new cause of action. h) Plaintiff issued fresh notice of termination of tenancy. The present suit has been filed based on the notice dated 14th September, 2016 whereby the tenancy of the defendant was determined.;