IMPORTANT POINT
A notice under Section 106 of the Transfer of Property Act is valid if served to one partner, binding the partnership firm, unless contested at the first opportunity.

JUDGMENT :

Krishna Rao, J.

1. The plaintiff has filed the present suit under Chapter XXXVIII, Rule 1(A) of the Original Side Rules of this Court praying for decree for eviction and recovery of vacant and peaceful possession of the suit premises along with arrears of rent for a sum of Rs.5,48,903/- from November 2018 till September 2021. Further decree of Rs.14,40,000/- and a decree for mesne profit at the rate of Rs.300/-per sq. ft. per month on and from 1st October, 2021 till handing over the vacant possession of the suit property to the plaintiff and interest at the rate of 18% per annum.

2. The plaintiff has also filed an application being G.A. No. 1 of 2023 praying for final judgment and decree.

3. Since 10th June, 1998, the plaintiff has been the owner of the part of the premises no.18, Rabindra Sarani, Kolkata-700001 (Commonly known as “Poddar Court”). In the month of September, 2003, the defendant no.1 was inducted as a tenant in a portion of the ground floor, which is an area comprising of 200 sq.ft. in respect of room no.12 of premises. no.18, Rabindra Sarani, Kolkata – 700001, by entering into an agreement in writing dated 1st September, 2003.

4. The defendant no.2 is the son of the defendant no.1, who by a Deed of Partnership dated 1st April, 2013, with the defendant no.1 joined the business and is also in occupation and possession of the suit premises.

5. It was expressly agreed between the plaintiff and the defendant no.1 that the monthly rent would be Rs.13.30p on gross covered area basis, which will subsequently be increasing at a rate of 8% after every year.

6. It is submitted by the plaintiff that the defendant no.1 has paid the rent to the plaintiff from September, 2003 till October, 2018.

7. The last payment made by the defendant no.1 was on 1st October, 2018, by way of a cheque being No. 813242, for Rs.14,363/- including Corporation rates and taxes at the rate of Rs.3,416/-, maintenance charges at the rate of Rs.843/-, Goods and Services Tax at the rate of Rs.1,670/- and the basic rent of the defendant no.1 without the Corporation rates and taxes and Goods and Service Tax was Rs.9277/-per month.

8. The particulars of rent payable by the defendant no.1, excluding all rates and taxes from September, 2017 till September, 2021, as per the revised terms of the agreement between the plaintiff and defendant no.1. are as follows :

9. The plaintiff submits that the rent of the defendant no.1 as on September, 2021 was Rs.10,624/-.

10. It is the submission of the plaintiff that in view of alleged overdue rents, the plaintiff by a letter dated 12th December, 2019, called upon defendant no.1 to pay the arrears of rent, to which the defendant no.2 replied by a letter dated 18th December, 2019, stating that defendant no.2 is also a tenant of the suit premises and also claimed to be a partner of the purported partnership firm M/s. Diamond Electrical Agencies.

11. Again, by a letter dated 18th March, 2021, the plaintiff called upon the defendant no.1 to pay the arear of rent of Rs.4,47,045/-. The defendant no.2 through his Learned Advocate sent a reply dated 24th March, 2021, claimed to be a tenant of the suit premises and also claimed to be a partner of the purported partnership firm M/s. Diamond Electrical Agencies.

12. Upon receipt of reply dated 24th March, 2021, the plaintiff called upon the defendant no.2, by its letter dated 5th April, 2021 to provide the purported Partnership Deed. By a letter dated 8th April, 2021, the defendant no.2 through his Learned Advocate provided the purported Partnership D