S.N.Bhattacharjee, J. - (1.) This appeal arises from the final Judgment and decree dated 20.6.1997 passed by a learned single Judge of this court under Chapter XIIIA of the Original Side Rules in Suit No. 55 of 1996 filed by the plaintiff-landlord seeking delivery of possession of the suit premises occupied by the defendant/tenant who declined to vacate the same even after expiry of the lease for 20 years created by registered deed of lease.
(2.) The tenant came into possession in August, 1973 on payment of Rs. 12,600/- as rent and service charges month by month till the deed of lease for 21 years commencing from August, 1973 without any renewal clause was executed on 29.12.1973 and registered on 28.4.1974. The lease expired on 31st July, 1994. Before expiry of the lease the lessee requested the lessor for extension of the lease for another period of 20 years by his letter dated 1.6.1994 and thereafter again on 5.7.1994. The lessee issued a cheque for Rs. 35,340.57 as rent for August 1994 in respect of expired lease as also for another, unexpired lease but the lessor returned the cheque declining to accept, the rent for the expired lease. On 26.10.94 the lessor forwarded a proposal for increased rate at market price in response to the request of the lessee for extension of lease but the lessee found the proposal too steep and promised by his letter dated 7.11.94 to forward the same to the Joint Managing Director of its Company for consideration. The lessee continued its possession keeping on depositing rent at old rate with the Rent Controller when on 8th March, 1996 the plaintiff instituted this suit after having served a notice to quit upon the Defendant calling upon it to vacate by 30th August, 1995.
(3.) The plaintiff took out summons for final Judgment under Chapter XIIIA of the High Court Rules on 10.5.1996.;