JUDGMENT :

Harish Tandon, J.

Though the application for stay was listed before us but the point urged by the Counsel for the appellant inculcated in as that the same being the pure question of law can be decided on the basis of the pleadings, evidence and the other materials forming part of the record of the Trial Court annexed to the said application and thus, we invited the Counsels to argue on the merit of the instant appeal.

2. The facts are more or less undisputed to the effect that the tenancy was created by the owner/landlord of the premises namely, Sunil Ranjan Das in favour of the predecessor-in-interest of the present appellant on the basis of the tenancy agreement dated 30th October, 1973 in respect of a shop room measuring more or less 160 square feet on the ground floor of the premises No. P-244, CIT Road, Scheme VI M, PS – Phoolbagan, Kolkata – 700054 at a rental of Rs. 60/- payable according to English calendar. The tenancy agreement marked Exhibit–A in the suit would reveal that a monthly tenancy was created in favour of the predecessor-in-interest of the appellant namely, Sri Kishore Khanna in respect of a suit premises for retail shop and manufacture of cleaning/soap