KAMAKHYA SINGH DEO Vs. MODULA INDIA

JUDGEMENT

(1.) This is a suit for ejectment, recovery of possession, a decree of money of Rs.40,950/- as damages, mesne profits and other reliefs.

(2.) The plaint case, in short, is that the plaintiff is the owner of the premises in suit as described in the Annexure 'A' to the plaint and henceforth shall be described as the premises in suit being the Flat No.3 situated on the ground floor of the premises No.3-E, Camac Street, Kolkata-16. On or about December 28, 1977, the plaintiff, at the request of the defendant in writing, agreed to allow the defendant to immediately occupy the premises in suit till January 31, 1978 as a tenant on payment of Rs.1,000/ as rent. By the said letter of request, the defendant also gave a notice to the plaintiff to quit and vacate the premises in suit on February 1, 1978. The plaintiff accepted the said letter and notice dated December 28, 1977. Accordingly, the defendant got possession of the premises in suit and paid a sum of Rs.1,000/- in cash to the plaintiff. But the defendant failed and neglected to deliver the vacant possession of the premises in suit in accordance with the letter and notice dated December 28, 1977. Thus, since February 1978, the defendant has been wrongfully occupying the said premises in suit as a trespasser.

(3.) The plaintiff was out of India and the defendant forwarded 4 cheques of Rs.1,000/- each to the plaintiff describing the money on account of rent for the months of March, 1978 to June, 1978 and the plaintiff did not encash the said cheques. Thereafter, the defendant sent Rs.1,000/- as rent in or about September/October, 1978 for one month and the plaintiff refused to accept the said amount.