I.P. MUKERJI, J.

This is a chapter XIIIA Application.

It was allowed and the suit decreed on 29th June, 2010. Thereafter an application was taken out by the defendant. The decree was passed ex parte at the second call. The application was for setting aside such ex parte decree. Without much contest the decree of 29th June, 2010 was set-aside on 5th August, 2010. The reason was that this Court was of the view, which was accepted by both sides that it was better to pass a decree on contest.

Thereafter, this application has been appearing in my list for sometime and was ultimately taken up on 11th August, 2011 for hearing. Hearing was concluded on that date.

There is a building known as Haore Miller House at 15, Ganesh Chandra Avenue, Kolkata – 13. The plaintiff and the defendant executed an agreement on 4th June, 1993. By it they purported to let out office space measuring 4360 sq. ft. in a part of the ground and basement floors of the building, to the defendant. The duration of the alleged lease was from 1st January, 1993 to 31st December, 1997. This agreement was neither stamped nor registered but the defendant came to occupy the property and paid rent according to the