SANJIB BANERJEE, J

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(1). IN this application under Chapter XIII-A of the Rules on the Original Side of this Court, the plaintiff seeks a decree of eviction in respect of a portion of premises no. 20b, Abdul Hamid Street, Calcutta - 700 069.

(2). UNDER a registered deed of indenture of July 19, 1968 the plaintiff demised unto the defendant an area of 22785.14 sq.ft. on the first, second and fifth floors of the relevant building at the agreed monthly rent for a period of three years with an option to the defendant-tenant to renew the lease for a further year at the end of the third year and for a period of another year thereafter. The tenure under the lease began on June 1, 1967 and the monthly rent was fixed at Rs. 20,506.50 at the rate of 90 paise per square foot inclusive of the tenants share of the municipal rates and taxes and a service charge of Rs. 7519. 05 calculated at the rate of 33 paise per square foot for the amenities annexed to the tenancy. The deed obliged the tenant to observe the various terms thereunder throughout the tenure thereof and clause II (n) of the tenants covenants required the tenant to peacefully yield up possession upon the expiration or earlier determination of the tenancy: "ii. The Tenant to intent that the obligations may continue throughout the term hereby created doth hereby covenant with the landlord as follows: -. . . . . . . (n) On the expiration or earlier determination of the said term or renewal thereof to yield up peaceably the demised premises with all the installations and fixtures belonging to the Landlord as listed in Schedule "b" hereto to the Landlord in the same conditions as the same were at the time of commencement of this Lease; damages by reasonable wear and tear and by fire not caused by any negligence on the part of the Tenant or its employees, servants or agents, earthquake, storm, tempest, flood, mob violence, war, air-raid, civil commotion and other irresistible forces excepted. "

(3). THE corresponding obligation of the landlord is found at clause III (d) of the deed. The agreement records at clause IV (c), the following: "iv. It is hereby agreed and declared by and between the parties hereto as follows: -. . . . . . (c) If the rents and charges hereby reserved or any part thereof shall be unpaid for two consecutive months after becoming payable (whether demanded or not) within a period of twelve months or if any terms, covenants and conditions on the tenants part herein contained shall not be performed and observed and/or if the Tenant shall go into liquidation then and in any of such cases it shall be lawful for the Landlord at any time thereafter to re-enter the demised premises or any part thereof in the name of the whole and thereupon this lease shall absolutely cause and determine without prejudice to any right of the Landlord in regard to any antecedent breach of the Tenants covenants, terms and conditions herein contained. "

(4). THE lease being for an initial period of three years with the lessees option of renewing it for two further periods of a year, it fell within the ambit of the West bengal Premises Tenancy Act, 1956 and the lessee was entitled to protection thereunder. The 1956 Act was repealed by the West Bengal Premises Tenancy act, 1997 that came into effect in 2001. Section 3 (f) (i) of the Act carves out an exception that the plaintiff claims and is not disputed by the defendant. The omnibus protection to tenants does not apply, in view of Section 3 (f) (i) of the later act, to the suit premises that a tenant uses for nonresidential purpose and yields more than Rs. 10,000/-as monthly rent in an area within the limits of the Kolkata Municipal Corporation.

(5). THE plaintiff has issued notice under Section 106 of the Transfer of property Act, 1882 and founds its claim in the suit thereon. It transpires that in course of time the plaintiff had created three further tenancies in respect of other portions at the same building in favour of th