THE CORPORATION OF CALCUTTA Vs. WESTERN INDIA THEATRES LTD.

JUDGEMENT

(1.) This suit has been filed by the Corporation of Calcutta for a decree for possession of the premises in suit being No. 5A, Chowringhee Place, Calcutta by evicting the defendant therefrom and also for a decree for mesne profits, interest, cost and other incidental reliefs.

(2.) The plaintiff is the owner of the land and building comprising in the premises No. 5A, Chowringhee Place, Calcutta. The defendant under an agreement with the plaintiff carried on business of exhibiting Cinematographic Films at the said premises under the name and style of "Minerva Cinema" prior to 31st Jan., 1974. The defendant wanted a fresh lease of the said premises from the plaintiff and in cons deration of such request of the defendant, the plaintiff by letter dated 24ih Jan., 1974 signed by Officiating Chief Valuer and Surveyor of the plaintiff offered to the defendant a fresh lease of the said premises for a term of 5 years from the 1st Feb., 1974 on inter alia the following terms and conditions i.e.

(3.) Under the circumstances the plaintiff contended that there has been no valid lease by and between the parties, hence the defendant has no right to remain in possession of the property in the alternative it is the plaintiff's case that although rents have been accepted by the plaintiff and by reasons of that it is contended by the defendant that a monthly tenancy has been created or came into existence in favour of the defendant, then in that event the plaintiff has terminated the said tenancy by serving a notice dated May 10, 1978 whereby the Chief Law Officer on behalf of the plaintiff has called upon the defendant, to quit and vacate the said premises and to deliver unto the plaintiff vacant and peaceful possession after expiry of period of notice as mentioned in the letter. The defendant received the said notice on May, 1978 in its Calcutta Office and on May 23, 1978 at id Bombay Office.