NARENDRA NATH PAL CHOUDHURY Vs. G L MALHOTRA

JUDGEMENT

(1.) Narendra Nath pal Choudhury and Eiswendra Nath Pal Choudhuri, the plaintiffs, filed this suit against G. L. Malhotra, Bijanendra Nath Pal Choudhuri and Kumar Shankar Pal Choudhuri, the defendants, claiming, inter alia, a decree against the defendant No. I for vacant possession of the portion of premises No. 79A, Acharya Jagadish Chandra Bose Road, Calcutta; decree for Rupees 5,000/- as damages against the defendant No. 1; alternatively an enquiry into damages and decree for the amount as may be found due upon such enquiry; a further decree for Rs. 72,549.22 p, against the defendant No. 1 and alternatively decree against the defendant No. 1 for such other sum as may be found fit and proper; decree for mesne profits and future profits at the rate of Rs. 50/- per day on and from the 1st Feb. 1980 till delivery of possession; alternatively, an enquiry into mesne profits and a decree for the sum as may be found due upon such enquiry and other reliefs.

(2.) The plaintiffs' case is that the said portion of the said premises was demised under a lease in favour of the defendant No. 1' by a registered deed dated the 31st March, 1960 for a period of 21 years on and from April 1960 at an agreed rent of Rs, 350/- per month. The plaintiff alleges further that the defendant No. 1 committed breaches of the covenants and conditions in the said lease, inter alia, as follows :

(3.) By the present application made on a summons dated the 27th July, 1981 the plaintiff seeks to amend the plaint by, incorporating therein the following:-- The term of 21 years under the said lease has expired on the 31st March 1981 by efflux of time and that the defendant No. 1 has failed to deliver up possession of the demised premises on the 1st Apr. 1981 in spite of demands.