JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is directed against the final judgment and decree dated 13.06.2017 passed by the High Court at Calcutta in APD No. 510 of 2015 whereby the Division Bench of the High Court allowed the appeal filed by the respondent herein and set aside the order dated 14.10.2015 passed by the Single Judge of the High Court and granted unconditional leave to the respondent to defend the suit and remanded the suit for its trial on merits.

3. The short issue involved in this appeal relates to grant of leave to the respondent (defendant) to defend the summary eviction suit filed by the appellant against them in relation to the suit premises.

4. In order to appreciate the issue involved, it is necessary to set out the background facts which led to filing of the summary eviction suit leading to passing of the impugned order.

5. The background facts of the case are as follows:

6. The appellant is the plaintiff whereas the respondent is the defendant in a summary suit out of which this appeal arises.

7. There is a Hotel in the city of Kolkata called “Great Eastern Hotel” (hereinafter referred to as “GEH”). It is situated in Old Court House Street