- (1.) In this suit the plaintiff initially claimed for recovery of peaceful, khas and vacant possession of the suit property by evicting the defendant therefrom. Since an agreement has already been entered into by and between the plaintiff and the defendant, Union of India, Ministry of Finance, Department of Revenue, the defendant continues to remain in possession upon payment of rent as per the continued agreement. In the suit, the claim made by the plaintiff is only in respect of the sum of Rs.39,79,673/- being the interest and further interest for the delayed payment of rent @ 18% per annum calculated on and from 1st October, 2010 till October, 2013.
(2.) Brief fact leading to the case is that under the lease agreement dated 25th August, 2005 (Exhibit A) entire third floor having office space of 8765 sq.ft. at premises no.4, Brabourne Road, Kolkata together with all buildings and erection fixtures and fittings being the demised premises were let out to the Government of India @ Rs.20.20p per square feet for a period of five years set out in Clause 13 of the said agreement that a further term of five years would be allowed to be continued and commence from and after the expiration of the term subject to enhancement of rent as per the Fair & Reasonable Rent Certificate (FRRC) to be issued by CPWD at that time but subject to the same covenants, agreements and conditions as in this present agreement dated 25th August, 2005.
(3.) A letter dated 15.2.2010 (Exhibit B) was communicated to the plaintiff on behalf of the defendant informing that a fresh lease agreement was required to be made for the said premises at an early date since the existing lease agreement would expire on 24.10.2010. However, such facilities being D.G. Set facility and car parking facility were demanded as additional requirement for the defendant.;