MURALIDHAR KULTHIA Vs. TARA DYE

JUDGEMENT

(1.) This is a suit for the recovery of possession of No. 11/1, Hari Sarkar Lane, Calcutta, arrears of rent and mesne profits.

(2.) In 1942 one Srichand Khettry, the husband of the defendant borrowed moneys from the plaintiff and executed deeds of mortgage and further charge over the premises in favour of the plaintiff. On 15-6-1943 the total dues of the plaintiff from Srichand amounted to Rs. 6240/-.

(3.) By a registered conveyance dated 15-6-1943 Srichand sold and conveyed the premises to the plaintiff for the sum of Rs. 7500/-. The consideration was paid by adjustment of the outstanding dues and by payment of Rs. 1260/- in cash. By a lease dated 15-6-1943 the plaintiff leased the premises to the defendant for a period of 5 years commencing from the last day of July, 1943 and ending on June 30, 1948. By this lease-defendant agreed to pay to the plaintiff a monthly rent of Rs. 40/- as also the owner's and occupier's shares of taxes and the plaintiff was given a right of re-entry in default of payment of six months' rent and the defendant covenanted to deliver vacant possession on the expiry or the sooner determination of the lease. The defendant deposited the sum of Rs. 80/- as advance rent. There is a dispute as to whether this lease is validly registered. By a registered agreement dated 23-9-1943 the plaintiff agreed to convey the premises to the defendant for the sum of Rs. 7625/-. It was provided that if the purchase would not complete within 30-6-1948 or if the defendant would fail to pay six months' rent under the lease, the agreement would stand cancelled and the earnest money of Rs. 101/- would be forfeited, and the defendant would give vacant possession in terms of the lease. The plaintiff's name has been mutated as owner of the premises in the records of the Corporation of Calcutta in spite of the objections of Srichand.