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.

( 4 ) THE defendant/tenant opposed the prayer for final Judgment under Chapter XIIIA of the said Rules and raised some triable issues which, according to it, cannot be decided without adduction of evidence in a full trial.

( 5 ) THE learned trial Judge framed the following issues arising out of the pleadings :1. WHETHER the monthly tenancy created in August, 73 and continued month by month payment and acceptance of monthly rent till December, 1973 have been merged with the Deed of Lease executed on 29th December, 1993 and registered in March, 19742. WHETHER the plaintiff, by the notice of quit dated 19th July, 1995, waived his right to claim possession on the expiry of the tenure of lease and the defendant has been treated by the plaintiff as a monthly tenant and the plaintiff acquesced in the stay of the defendant as a monthly tenant for the month of August, 19943. WAS there any agreement for renewal or extension of lease 21 years between the plaintiff and the defendant as alleged in paragraph 3 (f) of the affidavit-in-opposition and disputed in paragraphs 4 (f) and (g) of the affidavit-in-reply4. CAN the intention of the plaintiff to treat the defendant as the monthly tenant even after the expiry of lease and waiver of the right of possession on the expiry of lease be implied also from non-adjustment of the amount of security deposit of Rs. 25,000/- against the rent of the last two months in terms of the said lease5. WHETHER this court has pecuniary jurisdiction to receive, try and determine the present suitlastly, whether the lease itself granted any option to any of the parties to determine the lease prior to its operation and is such the lease is governed by the West Bengal Premises Tenancy Act, 1956 and in consequence thereof the suit is not maintainable. "

( 6 ) ACCORDING to him, all the issues excepting issue No. 3 are issues on law and can be decided in a summary trial. Even if the issue No. 3 is decided in favour of the defendant by holding that an agreement for extension of the lease was discernible from the correspondences between the parties, such agreement was not a concluded ag

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