The West Bengal Premises Tenancy Act, 1956 does not apply to leases for commercial purposes.

DEBANGSU BASAK, J.

Two suits between the same parties are taken up together for hearing.

The plaintiff filed a suit for eviction before the learned City Civil Court at Calcutta being Title Suit No. 1583 of 1981. The plaintiff also filed a suit claiming money decree on account of mesne-profits being Suit No. 82 of 1986 before this Court. The suit being Title Suit No. 1583 of 1981 was transferred to this Hon’ble Court under Clause 13 of the Letters Patent, 1865 and was renumbered as E.O.S. No. 6 of 1987.

In the first suit being E.O.S. No. 6 of 1987 the plaintiff claims that, an indenture of lease dated September 29, 1965 was entered into between the parties. By such indenture of lease the plaintiff granted the defendant lease of an office space having an area of 3,851 square feet on the second floor of the premises No. 13 Camac Street, Kolkata at the monthly rent of Rs. 3,851/- for a period of 21 years commencing from January 1, 1964. The Plaintiff claims that, under the terms and conditions of such deed of lease the defendant is liable to pay all rates and taxes assessed by the Kolkata Municipal Corporation in respect of the demised premises and all enhancements of the occupier’s shares. The defendant paid the enhanced occupier’s shares up to March 31, 1973 and failed, neglected to pay with effect from April 1, 1973. The plaintiff claims a sum of Rs. 16,636.32p to be due and payable on account of the enhanced share of occupier’s tax for the period from April 1, 1973 to March 31, 1981 by the defendant.

The plaintiff claims that, the defendant is also a defaulter of payment of monthly rent for the months of June and October 1980 and on and from January 1981.

The plaintiff states that, the lease deed provides for earlier determination in the event the enhanced Municipal rates and taxes are not paid and there is default in payment of rent. The defendant committed defaults in payment of enhanced municipal rents and taxes. Consequently the plaintiff issued a notice dated April 21, 1981 through its advocate, determining the lease and calling upon the defendant to quit, vacate and deliver possession of the demised premises on the expiry of the last day of May, 1981.

During the pendency of E.O.S. No. 6 of the 1987 the lease dated September 29, 1965 expired by efflux of time. The plaint was amended by incorporating the fact of expiry of lease by efflux of time. The plaint was also amended to reflect the contentions of the plaintiff that, the defendant had carried out additions and alterations in the demised premises without the consent of the plaintiff and in breach of the terms and conditions of the lease. The defendant had allegedly damaged the outer wall. The defendant had allegedly sub-let portions of the demised premises in breach of the terms and conditions of the deed of lease.

The defendant has filed a written statement. After the amendment of the plaint, the defendant filed an additional written statement. The defendant claims that, it paid the enhanced share of the corporation tax till March 31, 1973. It requested the plaintiff to submit certificate from the corporation regarding payment of the enhanced tax for the occupier share. Since the plaintiff did not produce any valid receipt of payment of corporation tax, the defendant claims that, it is not liable to pay the same. On the question of default of payment of rent, the defendant claims that, the rent for the period of June to December 1980 was paid to the plaintiff by way cheques issued on diverse dates. The plaintiff did not present the same within the period of validity of such cheques. The defendant has deposited a sum of Rs. 16,636.32p in Court to the credit of the plaintiff.

The defendant denies committing any breach of the terms and conditions of the lease deed. The defendant claims not to have received the notice to quit dated April 21, 1981. The defendant claims that it is a monthly tenant and that the tenancy is protected under the West Bengal Premises