( 1 ) THE appeal and the application for stay are taken up together for hearing. The plaintiff-appellant. M/s. Tara Properties Pvt. Ltd. , instituted a Title Suit No. 1583 of 1981 in the City Civil court at Calcutta against the defendant-respondent for a decree of recovery of khas possession of the suit premises and for other reliefs. The fact of the case, in short, is that the appellant by an Indenture of lease dt. 29th Sept, 1963 granted lease to the respondent in respect of the suit premises at 13, Camac Street, Calcutta, at a monthly rent of Rs. 3,851/- including service charges, for a period of 21 years, the said lease was to expire on 31st Dec, 1984. In the meantime the respondent failed to pay the enhanced share of Corporation taxes with effect from 1st April, 1973 in violation of the terms of lease and also defaulted in payment of rents and service charges for the months of June 1980, Oct. 1980 and from Jan 1981 onwards. The plaintiff by its Advocate's letter dt. 21st April, 1981 determined the lease and asked the respondent to quit, vacate and deliver the peaceful possession of the suit premises. In the meantime the lease also expired on 31st Dec. 1984 and