ROSHAN KOHLI Vs. AMITAVA MUKHERJEE

JUDGEMENT

(1.) These two second appeals were heard analogously as common questions of law as well as interpretation of the same agreement of tenancy entered into between the parties are involved. S. A. No. 555 of 1996 is at the instance of a defendant in a suit for eviction and is directed against judgment and decree dated November 30, 1995 passed by the learned Additional District Judge, 7th Court, Alipore in Title Appeal No. 367 of 1988 thereby affirming those dated June 29, 1988 passed by the learned Assistant District Judge, 1st Court, Alipore in Title Suit No. 127 of 1976.

(2.) S.A. No. 670 of 1996 is also at the instance of the same defendant but is directed against judgment and decree dated May 30, 1996 passed by the learned Judge, Special Court, E.C. Act and Additional District Judge, Alipore in Title Appeal No. 104 of 1995 thereby reversing those dated January 30, 1995 passed by the learned Munsif, 2nd Court, Alipore in Title Suit No. 564 of 1979.

(3.) There is no dispute that the appellant of these two appeals was inducted by the respondent herein on July 5, 1970 in respect of the properties which are the subject matter of these two appeals. However, the terms of the tenancy was recorded by an agreement dated July 7, 1970. According to the said agreement, the appellant was inducted at a total monthly rental of Rs. 900/ - according to English calendar month in respect of the total subject matters of these two appeals as mentioned in the schedule of the agreement. It was specifically mentioned in the said agreement that the rent of premises portion including two servants quarters and garage will be Rs. 700/ - per month while the rent for the lawn on the Western side of the premises will be Rs. 200/ - per month and the landlord will issue two separate receipts for each month. It was further stipulated that the tenancy will commence on and from July 5, 1970 and the same was for two years i.e. till July 4, 1972 or with one month notice from either side whichever is earlier. The schedule mentioned in the said agreement is as follows: