SOHANLAL MURARKA Vs. GOKUL CHANDRA PAL

JUDGEMENT

(1.) This is an appeal by the defendant since deceased and substituted by his legal representatives, against a judgment and decree decreeing the plaintiff's suit for khas possession of the suit premises on eviction of the defendant therefrom. The suit premises being Premises Nos. 10A, 10B and 10C, Townshend Road, P.S. Bhowanipur, Calcutta were demised to the defendant on the basis of an indenture of lease dated July 16, 1952 for a period of fifteen years commencing from May 1, 1952 at a rent of Rs.850/- per month payable by 7th of the next month.

(2.) The relevant terms and conditions of the said lease were: (a) The lessee was to pay the municipal rates and taxes in both shares, and (b) to execute necessary repairs to demised premises as mentioned in the schedule of repairs attached to the indenture of lease. According to the plaint, the defendant committed the following breaches of express conditions of lease: - (a) The defendant defaulted in payment of rent in terms of lease and on adjustment a sum of Rs.4,217/- was due calculated upto July, 1956. (b) The defendant failed to pay municipal rates and taxes duly. (c) The defendant failed to execute works of Item Nos. 3, 6, 7, 8, 16 and 21 of the schedule of repairs.

(3.) The plaintiffs served a notice dated July 30, 1956 upon the defendant by registered post with A/D intimating their intention to determine the lease and to re-enter the premises. An opportunity was also given to the defendant to remedy the breaches within a month from the notice i.e. by August 30, 1956. In spite of determination of lease by forfeiture the defendant did not vacate the suit premises and deliver vacant possession to the plaintiffs nor remedied the breaches. The plaintiffs in the premises instituted the suit on January 4, 1957, praying for a decree for possession of the suit premises as also for Rs. 4,217/- on account of rent in arrears and for mesne profits till possession was delivered to the plaintiffs.