The Calcutta Gujarati Education Society & Anr. vs Budge Budge Company Ltd

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This was a suit for eviction, recovery of possession and mesne profits instituted before the Calcutta High Court (Original Side) by the Plaintiff society against the Defendant company, which was a tenant of the entire 9th floor of 16A, Brabourne Road, Kolkata, under a lease agreement dated 29.10.1973 at a monthly rent of Rs.11,025/-. The Plaintiffs, having withdrawn a prior ejectment suit before the City Civil Court, served a notice under Section 106 of the Transfer of Property Act, 1882 terminating the tenancy with effect from the end of August 2003, and filed the present suit claiming that the Defendant became a trespasser from 01.09.2003.

The Defendant raised multiple preliminary objections including: that the suit was deliberately overvalued to attract the pecuniary jurisdiction of the High Court; that the suit was not properly instituted under the West Bengal Societies Registration Act, 1961 as the name of the Secretary was not mentioned; that the suit was barred under Order XXIII Rule 1(4) of the Code of Civil Procedure, 1908 for want of leave from the City Civil Court before instituting a fresh suit on the same cause of action; and that the termination notice dated 05.07.2003 was invalid and not in accordance with the tenancy agreement.

The Defendant also contended that rent was accepted by the Plaintiffs up to August 2003, that the Plaintiffs had sought enhancement of rent to Rs.73,500/- per month in April 2003, and that costs of roof repairs carried out by the Defendant pursuant to a court order in the earlier suit were liable to be adjusted against rent. The suit raises substantial questions of law and fact concerning the validity of the tenancy termination, the maintainability of the suit, and the Defendant's liability for mesne profits.

Catchwords: eviction recovery of possession mesne profits tenancy termination Section 106 Transfer of Property Act West Bengal Premises Tenancy Act societies registration pecuniary jurisdiction Order XXIII Rule 1(4) CPC multiplicity of proceedings notice validity lease agreement trespasser