JUDGMENT :

Krishna Rao, J.

1. The plaintiff has filed the present application under Chapter XIII A of the Original Side Rules of this Court for summary judgment. The plaintiff has filed Civil Suit No. 125 of 2017 praying for recovery of vacant and peaceful possession of the suit No. 3B on the 3rd floor of the front building of Premises No. 111, Muzaffar Ahmed Street (commonly known as “Ripon Street”) Kolkata – 700 016, arrears of monthly rent, damages and mesne profit.

2. The plaintiff contended that on 1st March, 2008, a Lease Deed was executed between the plaintiff and the defendant which was duly registered before the Additional Registrar of Assurance-II, Kolkata with respect of the suit premises for a period of 21 years in favour of the defendant on a monthly rent of Rs. 1000/-per month for the first five years, Rs. 1100/-for the second five years, Rs. 1210/-for the third five years, Rs. 1330/-for the fourth year five years and Rs. 1465/-for the remaining last one year. As per the terms and conditions of the Lease Deed, the defendant shall pay the Municipal taxes during the lease period. In the Lease Deed, it is also provided that if the defendant fail to pay the monthly rent for