JUDGMENT :

Krishna Rao, J.

1. The plaintiff has filed the instant suit praying for possession of the suit property, permanent injunction and for payment of amount due and payable by the defendant.

2. The plaintiff is a perpetual lessee with respect of a portion of premises No. 7, Red Cross Place, Kolkata, inter alia, being the 4th Floor of the premises comprising of 5300 sq. ft. carpet area. As per the request of defendant, the plaintiff granted a Business Service Centre (herein after referred to as “BSC”) with respect of the above mentioned premises to the defendant. The plaintiff had also allowed the defendant to use the area at the ground floor of the said premises No. 7. As the defendant had defaulted in handing over possession of the premises to the plaintiff on completion of the agreed period, the plaintiff had initiated a Suit being C.S. No. 232 of 2012 before this Court. During the pendency of C.S. No. 232 of 2012, the parties have settled their dispute wherein the defendant had vacated and handed over the vacant possession of the ground floor of the said premises and the defendant continued with the possession of the 4th Floor of the premises as per the terms and conditions of the agreement entered between the parties on 19th August, 2017.

3. Clause 2.1, 2.2, 2.3, 2.4 and 4.1 of the agreement reads as follows :

“2.1 The use of the BSC is for a fixed period of 36 (Thirty Six) months effective 1st June 2017 to 31st May 2020.

2.2 The terms of this Agreement shall be for a period of 36 months commencing from 1st June 2017 and ending on 31st May 2020 (the Term).

2.3 At the end of the terms the user undertakes/ assures/promises to handover space and facilities without any demur or recourse to law.

2.4 It is expressly and specifically represented, agreed, assured, promised and irrevocably guaranteed by the User to IGE that on completion of the duration of this Agreement and/or sooner determination thereof the user shall get all of its personnel, agents, employees, servants, representatives together with all its belongings equipment removed from the BSC and under no circumstances shall the user violate the specific term as made herein inasmuch as time is the essence of this Agreement. The User does hereby confirm that in case of default on its part to handover peaceful vacant possession for any reason whatsoever the right of IGE to have khas vacant peaceful possession of BSC from the User tantamount to be a consent decree in law and will be executable before the Hon’ble High Court at Kolkata and that the User because of the undertaking and/or promise made herein shall not oppose the Same. Besides such right of IGE, the User shall also pay a sum of Rs. 10,000/-per diem till such possession is handed over from the date of default.

4.1 In consideration of IGE providing the facilities referred to Clause 1 above the User agrees to pay to IGE the sum per month Rs. 1,75,100/-for the first twelve months from commencement date i.e. from 1st June, 2017 to 31st May, 2018, Rs. 1,89,100/-per month from the period 1st June, 2018 till 31st May 2019 and Rs. 2,04,230/-per month from the period 1st June 2019 till 31st May 2020 by way of fixed ad non available compensation for use of the facilities in the manner provided in Clause 4.5 below without any deductions except tax deducted at source at prevailing rate from time to time. Such charges are payable in advance on or before the 7th day of each calendar month.

a. For availing of the space.

b. For using cabins, conference room, work stations etc. provided by IGE to the user.

c. For using the equipments A.C. machines and other facilities. Together with the said amount the User shall be reimbursing the Municipal Tax and/or such statutory outgoings as will be le vied by Municipal Authorities based on the aforesaid amount to be paid by the User from time to time together with the Service Tax as is liable