JUDGMENT :

Krishna Rao, J.

1. The plaintiffs have filed the instant application praying for final Judgment and Decree under Chapter XIIIA of the Original Side Rules of this Court for recovery of immovable property with mesne profit along with interest.

2. The plaintiffs claimed that the immovable property being land and building at a portion of premises No. 16/1C, Ramakanta Bose Street, Kolkata and premises Nos. 80/1 and 80/2, Bhupendra Bose Avenue Kolkata – 700 004 measuring 8 Cottahs 8 Chittaks 6 square feet with structures and buildings having wide frontage of 68 feet of Bhupendra Bose Avenue Kolkata and 140 feet wide road of Kolkata.

3. By a lease dt. 10.09.2008 executed by the plaintiff no. 1 in favour of the respondent which was duly registered before the competent Authority being No. 9881 in the year 2009, the plaintiff no. 1 had granted leasehold rights to the defendant of a suit premises being land admeasuring 5 Cottahs 10 Chittaks and 34 square feet being a portion of premises No. 16/1C, Ramakanta Bose Street, Kolkata and premises Nos. 80/1 and 80/2, Bhupendra Bose Avenue Kolkata – 700004.

4. On 10.09.2008, the plaintiff no. 2 had also executed a deed in favour of the defendant which was duly registered being No. 9882 in the year 2009 wherein the plaintiff no. 2 had granted leasehold rights in favour of the defendant with respect of the remaining portion of the land measuring 2 Cottahs 13 Chittaks and 17 square feet together with building being a portion of premises No. 16/1C, Ramakanta Bose Street, Kolkata and premises No. 80/2, Bhupendra Bose Avenue Kolkata – 700 004 as per the terms and conditions mentioned in the lease deed on a monthly rents payable to the plaintiffs.

5. The deed executed by the plaintiff no. 1 and plaintiff no. 2 was valid for a period of 20 years with effect from 01.08.1998 with the option renewal for a further period of 10 years with fresh rental and other terms and conditions may be mutually agreed between the parties.

6. As per the lease deed, the aggregate rent is Rs. 20,000/-per month i.e. Rs. 13,400/-to be paid to the plaintiff no. 1 and Rs. 6,700/-to be paid to plaintiff no. 2 subject to escalation of 12% every 3 years. On completion of 20 years of lease period, no steps were taken by the defendants or any interest was shown to obtain fresh lease deed with fresh rental for further 10 years.

7. The plaintiffs have sent letters to the defendant and on 13.04.2018, the defendants have sent reply pretending to be interested to renew the lease deed but has not come forward for making any offer or giving any indication for renewal of lease deed and requested the plaintiffs to send their offer. The plaintiffs have informed the defendants that the defendants have to make an offer for renewal of lease deed but the defendants have not given any response and to avoid any litigation, the plaintiffs have made an offer to the defendants to grant lease for a period of 10 years at the total rent of Rs. 2.60 lakhs per month but the defendant has not given any response.

8. The period of 20 years has expired by efflux of time on 01.08.2018 and thus the defendant is in wrongful occupation of the suit premises. On expiry of the 20 years, the defendant had informed the plaintiff, that a meeting is fixed by the defendant on 14.08.2018 and accordingly the plaintiffs have attended the meeting. The offer of the defendant was not accepted by the plaintiffs. As a last attempt to settle the issue, the plaintiffs have sent a letter by making an offer of revision of lease rent to Rs. 2.50 lakhs per month for 10 years and in the said letter, it was also mentioned that if the defendants will not accept within 15 days from the date of receipt, the plaintiffs will be constrained to take appropriate steps in accordance with law. The defendants have not conveyed any approval and no fresh lease deed was executed and thus by efflux of time, the defendants have become illegal trespasser over the suit property and accordingly the plaint