EIH LIMITED Vs. NADIA A VIRJI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 25/6/2019 passed by the Division Bench of the High Court at Calcutta in A.P.D. No. 265/2017 with G.A. No. 1216/2016 with G.A. No. 218/2013 in Civil Suit No. 354/2012, by which the Division Bench of the High Court has dismissed the said appeal and has confirmed the order dtd. 22/3/2016 passed by the learned Single Judge allowing the application under Order 7 Rule 11 CPC rejecting the plaint on the ground that the suit before the learned Single Judge (original side) would not be maintainable as per the provisions of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the 'Act 1997'), the original plaintiff - landlord has preferred the present appeals.

(2.) The facts leading to the present appeals in a nutshell are as under: That by a Tenancy Agreement dtd. 6/5/1993, the appellant - original plaintiff - landlord inducted the respondent/defendant as tenant in respect of a showroom admeasuring 1700 sq. ft. on the ground floor of a prime location of Kolkata being the arcade of the Hotel Oberoi Grand at Premises No. 15/2, Jawaharlal Nehru Road, Kolkata. Under the Tenancy Agreement, the rent was fixed at Rs.10,000.00 per month. Under the Tenancy Agreement, the liability to pay the taxes including surcharge and water tax/fees was upon the respondent - tenant.

(3.) Shri Rana Mukherjee, learned Senior Advocate has appeared on behalf of the original plaintiff - landlord and Shri Siddharth Dave, learned Senior Advocate has appeared on behalf of the respondent - defendant - tenant.