MODEL MANUFACTURING COMPANY LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The Court: This is a suit for ejectment with incidental prayers for money-decree on account of unpaid rent and mesne profits/damages etc. The suit was instituted on 4th March, 1996. In the course of hearing of the suit, an application for amendment of the plaint was made in 1998 when the application was allowed by this Court on contest by incorporating the amended portion in the red ink alongwith a prayer for decree for Rs. 51,52,083.61 paise on account of difference in rent actually paid and as has been acknowledged to pay.

(2.) The plaintiff's case is that the company is the owner of the fifth and sixth floors of the premises No. 40, Strand Road, Calcutta measuring an area of 31,608 square feet little more or less as prescribed under the Schedule 'A' of the plaint. By a registered Indenture of Lease dated 3rd June, 1967 in between the plaintiff by the pen of one of the Directors of the plaintiff company (hereinafter called as lessor/plaintiff) as per the resolution of the Board of Directors dated 24th May, 1967 and President of India by the pen of Public Relations Officer, Income Tax Department, West Bengal, (hereinafter called as lessee/defendant) the entire premises with fittings and fixtures were given to the lessee for a period of three years at a rental of 95 paise per square feet per month and service charges at the rate of 10 paise per square feet per month as mentioned in the plaint. After the efflux of time, the concerned Income-tax Department being the party contesting defendants herein used to occupy the said premises as monthly tenant. However, inspite of making promise to vacate the premises, the defendants did not vacate the premises. On 16th May, 1988 one Deputy Commissioner of Income-tax Headquarters (Administration), West Bengal, Calcutta from the office of the Chief Commissioner of Income-tax (Administration) informed the plaintiff that the Income-tax Department will vacate the space hired by it on the fifth and sixty floors at 40, Strand Road, Calcutta by the 30th June, 1988. The plaintiff acknowledged the same but by a further communication dated 21st June, 1988 another Deputy Commissioner of Income-tax Headquarters (Administration) West Bengal, Calcutta, on behalf of the office of the Chief Commissioner (Administration) withdrew the letter dated 16th May 1988 saying that they shall be continuing to be in occupation of the premises until further order. Inconvenience caused was regretted.

(3.) It is significant to note herein that the first Deputy Commissioner of Income-tax, was one Mr. P.K. Mishra, wherein the second Deputy Commissioner of Income-tax was another Mr. J. Chakroborty. The first person, issued the notice to vacate the premises, was produced by the department as their witness before the Court. But did not produce the second person, who issued the withdrawal letter, as their witness.