JUDGMENT :

(Ravi Krishan Kapur, J.) :

1. This is an application for judgment on admission. The suit is filed for eviction and mesne profits. The suit premises comprises of the ground floor measuring about 374 sq.ft. (including a mezzanine floor) situated at Premises no.42A, Shakespeare Sarani, Kolkata-700020 (“the suit premises”).

2. By a lease agreement executed in January, 2016 by and between the plaintiff and the defendant no.1, the defendant no.1 was inducted as a monthly lessee at a lease rent of Rs.60,000/-(subsequently enhanced to Rs.1,61,000/-). The suit premises is being used by the defendant no.1 for commercial purposes. The defendant no.1 is running a hair salon from the suit premises. Admittedly, the lease agreement is unregistered and insufficiently stamped.

3. It is alleged that, since December 2019, the defendant no.1 stopped paying any rentals in respect of the suit premises. By a notice dated 24 September, 2020 issued under section 106 of the Transfer of Property Act, 1882, the plaintiff sought for eviction of the defendant no.1. Significantly, the defendant no.1 had also instituted a prior suit before the City Civil Court at Calcutta being Title Suit No.571 of 2020