IMPORTANT POINT
Thika Tenancy - a mere deposit of rent with the Thika Controller cannot ipso facto create a Thika tenancy.

JUDGMENT

Krishna Rao, J.—The plaintiff has filed the instant application for pronouncement of final Judgment against the defendant under Chapter XIIIA of the Original Side Rules of this Court for recovery of vacant, peaceful, khas and physical possession of the suit premises being premises No. 207, Maharshi Debendra Road, Kolkata - 700007. The trustees of one Ganpatrai Khemka Charitable Trust, granted lease to Radha Kishan Jhunjhunwala (since deceased) i.e. the predecessor-in-interest of the plaintiff, by an indenture of lease dated 23rd April, 1962, which was duly registered before the Registrar of Assurance, Calcutta in the year 1962, in consideration of monthly rent, reserved and secured therein, in respect of suit property for a period of 51 years, with the option for renewal for a further period of 20 years, from the date of expiry of the said term of 51 years, with the condition that the said Radha Kishan Jhunjhunwala shall build a permanent structure upon such demised premises. Plaintiff has exercised his option to extend its original lease for another 20 years, and the same is still subsisting.

2. The Trustees of Ganpatrai Khemka Charitable Trust transferred the ownership right of the said premises to one Jhunjhunwala Resorts Limited by way of four Deed of Conveyances in the year 1992. Radha Kishan Jhunjhunwala continued as lessee under the Jhunjhunwala Resorts Limited, on the same terms and conditions as contemplated in the lease of 1962. Radha Kishan Jhunjhunwala entered into an oral agreement with the defendant, for a sub-lease and sub-demise open space, being the suit premises for a period of 21 years commencing from 31st December, 1994.

3. The said Radha Kishan Jhunjhunwala died on 13th October, 1996. In terms of the Will dated 30th March, 1981, the plaintiff being the sole executor is managing the entire estate, including the premises left behind by the Radha Kishan Jhunjhunwala.

4. The plaintiff herein had executed a formal registered Indenture of Lease Deed dated 21st January, 1997 in favour of the defendant for a period of 21 years from 31st December, 1994. The sub-lease dated 21st January, 1997 was given effect and the period of 21 years was completed on 1st January, 2016 and thus the lease terminated by efflux of time. Before expiry of lease period, the plaintiff had issued a notice dated 5th October, 2015 to the defendant calling upon the defendant to vacate the suit premises and to hand over vacant and peaceful possession to the plaintiff upon completion of the period of 21 years. In the said notice, the plaintiff also informed to the defendant, that in default, suit for recovery of possession shall be instituted. Inspite of receipt of notice and termination of lease, the defendant has not vacated the suit property.

5. Mr. Debnath Ghosh, Learned Advocate, representing the plaintiff submits that the defendant has no defence whatsoever to the claim of the plaintiff. He further submits that the defendant has not filed written statement till date.

6. Mr. Ghosh submits that the defence raised by the defendant with regard to the overvaluation of the suit cannot deter this Hon’ble Court from passing a summary judgment. He further submits that acceptance of plea of overvaluation alleged by the defendant would encourage the tenant to permit him to carry on a dilatory litigation without compensating the landlord for the loss suffered by the landlord.

7. Mr. Ghosh submits that the defendant has raised the ground that the suit property is a Thika property but the said plea will not stand as both applications filed by the defendant before the Thika Controller as well as the notice for spot verification issued by the Thika Controller are subsequent to the institution of the instant suit for eviction.

8. Mr. Ghosh submits that the defendant has relied upon an Indenture of Lease Deed dated 14th January, 1974 which also reveals that the defendant has inducted in the suit property as lessee by the plaintiff and the defendan