Soumen Sen, J.

This is an application filed by the plaintiff under Chapter XIIIA of the Original Side Rules of High Court praying, inter alia, for a decree for vacant and peaceful possession of Premises No.12A, Camac Street, Kolkata-700017.

2. The case of the plaintiff in short is that the plaintiff is the owner of two flats being Flat No.1A and 1B on the first floor along with two servant quarters, measuring about 3216 sq. ft. situated at Premises No.12A, Camac Street, Kolkata-700017.

3. The defendant was in occupation of the said property in terms of a Leave and Licence Agreement dated 26th September, 2012 since terminated on 23rd May, 2014.

4. In or about September 2012, the defendant approached the plaintiff for letting out the said property as the defendant represented that they require a suitable space in central Kolkata for running a restaurant. Following such request a Leave and Licence Agreement dated 26th September, 2012 was entered into between the parties in respect of the said premises. The said agreement was for a period of three years with effect from 1st November, 2012 till 31st October, 2015. In terms of the agreement, the defendant was under an obligation to