Bhaskar Bhattacharya, J. - (1.) This first appeal is at the instance of a defendant in a suit for eviction and is directed against the judgement and decree dated June 28, 1995 passed by the learned Judge, 9th Bench, City Civil Court, Calcutta in Title Suit No. 586 of 1986.
(2.) The aforesaid suit was filed by the respondent for eviction of the appellants on the ground that a registered deed of lease was executed on March 10, 1966 between Sudhir Kumar Bose, the then owner of the property and Dhirendra Nath Sen. since deceased, the predecessor-in- interest of the appellants in respect of the suit premises at a monthly rental of Rs. 125/- per month for a period of 20 years commencing from Mar) 1, 1966. The plaintiff/respondent purchased the said premises by a sale deed dated March 2, 1977 from the said Sudhir Kumar Bose. On the death of Dhirendra Nath Sen, the appellants became lessee under the respondent and the said lease having expired on February 28, 1986, the respondent was entitled to get a decree for eviction of the appellants as they did not vacate the suit property.
(3.) The said suit was contested by the present appellants thereby opposing the prayer of the respondent and the defence of the appellants was that after the expiry of the lease it was agreed between the parties that they would continue as usual as monthly tenants and accordingly the defendants paid rent for the month of March and April, 1986 to the plaintiff, who accepted the same but did not grant rent receipt for those months.;