Ashim Kumar Banerjee. J.

FACTUAL SCENARIO

THIRD FLOOR TENANCY (C.S. No.42 if 2006)

Apeejay House Private Limited was the owner of premises no.15, Park Street, Calcutta. Since 1975 Coal India Limited was occupying various portions of the said building as tenant and/or lessee. The subject appeal would relate to tenancy in respect of third floor of the premises that was given to them. Since 1980 they were occupying thirty thousand four hundred eleven square feet more or less at blocks A, B and C of the third floor at a rent that was increased from time to time, the last of such increase was made in April 2004 when the rent was fixed at rupees three lacs forty five thousand one hundred sixty-four and eighty five paise. Coal India Limited duly paid rent up to December 2005.

On January 4, 2006 Apeejay terminated the tenancy and demanded vacant possession on expiry of fifteen days from the date of receipt of the notice. Apeejay issued the said notice under Section 106 of the Transfer of Property Act 1882. Considering the date of receipt, January 21, 2006 was the last date when they were supposed to hand over possession. From the pleadings it appears that Coal India Limited ke