LAWS(CAL)-2001-5-10

NATIONAL PROPERTIES LIMITED Vs. BATA INDIA LIMITED

Decided On May 02, 2001
NATIONAL PROPERTIES LTD Appellant
V/S
BATA INDIA LIMITED Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and decree of a learned single Judge of this Court in a suit for specific performance of a contract. The contract was for the grant of lease in respect of four floors, namely ground, 1st, 2nd. and 3rd of the premises No. 1/1, Lower Circular Road, Calcutta (hereinafter called the said premises) for a period of 25 years at a monthly rent of Rs. 42.50 per 100 sq. ft., M/s. Talbot and Co. carried on negotiations between the parties with regard to the grant of lease and/or letting out of the said premises in respect of the aforesaid four floors, namely ground, 1st, 2nd and 3rd for an area of 12,500 sq. ft. approximately in each floor.

(2.) The plaintiff claimed that it had entered into a concluded agreement with the owner of the said building National Properties Ltd, the appellant, herein on the basis of correspondences which were exchanged between the parties and/or with M/s. Talbot and Co., the broker, appointed by the appellant who carried on negotiations as an agent of the appellant. The relevant correspondence were exchanged between the parties during the months of July and August, 1958.

(3.) According to the plaintiff, the terms and conditions of the agreement will appear from the letters dated 31st July, 1958 and 11th August, 1958 written by Talbot and Co. to the plaintiff and a letter dated 20th August, 1958 from the plaintiff to M/s. Talbot and Co. and a letter dated 22nd August, 1958 from Talbot and Co. to the appellant/defendant herein.