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2008 Supreme(Cal) 695

SANJIB BANERJEE
Pannalal Sagarmal – Appellant
Versus
Central Bank of India – Respondent


Advocates appeared:
Ms. Manju Agarwal, Ms. Sucharita Biswas, for Plaintiff; Dhruba Ghosh, for Defendant.

ORDER :- The plaintiff seeks a decree for eviction in this application under Chapter XIII-A of the Rules on the Original Side of this Court.

2. In 1962 the defendant was inducted at premises No. 4, Synagogue Street under a registered lease for a period of 21 years commencing April 1, 1963. The lease expired by efflux of time in April, 1984 but the defendant continued in possession with the apparent consent of the landlord. By a letter of November 15, 1985 the defendant-Bank informed the plaintiff that it desired to enter into an agreement for lease of the said premises for a period of seven years with the opinion of renewal reserved unto it for two successive periods of seven years each. The defendant proposed that the rent be Rs. 68,992/- per month at the rate of Rs. 11/-per sq. ft. for the 6272 sq. ft. area with the rate being increased by 15 per cent for either of the two extended periods. No immediate formal agreement was executed but the defendant continued in possession by paying the monthly rent of Rs. 68,992/-.

3. The plaintiff shows documents to establish that the period of seven years expired without the defendant overtly seeking to exercise its option to continue for a fur





























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