I. P. Mukerji, J.: In a Chapter XIIIA application, the Hon'ble Court below has passed a decree of eviction against the appellant. Hence, this appeal by them.

2. The respondent is the owner of premises No. 15 Park Street, Calcutta 17. As is well known it is one of the most expensive areas of Calcutta. The 6th floor of this premise, has been divided into blocks A, B & C. The appellant occupies the entire floor.

3. The total floor area of the three blocks is 28,406.614 sq.ft. The rent and other charges together paid by the appellant to the respondent is Rs.8,83,016.71/- per month. The Appellant has been there since the early seventies.

4. We are here concerned with block 'B'. It has an area of 10,458.074 sq. ft. Admittedly, the appellant was already in possession of this area, when an alleged agreement of lease was entered into between the parties on 22nd January, 1992 whereunder from 1st March, 1991 block ‘B’ was taken as demised to the appellant for a period of 21 years upon payment of monthly rent and performance of other covenants.

5. Now, this lease was never registered.

6. Thereafter on 10th July, 2001 the new rent Act the West Bengal Premises Tenancy Act, 1997 came into forc