PANCHANAN BASAK Vs. ISHANITOSH GHATAK

JUDGEMENT

(1.) THIS is a suit for recovery of possession of premises no. 3 Maharsi Debendra Road, Calcutta and the buildings and structures standing thereon together with all additions, improvements and fixtures upon the expiry of the building lease hereafter stated and for mesne profits and a declaration that the plaintiffs are entitled to realise and collect the entire rent, issues and profits arising out of the said premises and the buildings and structures standing thereon from 1st of Baisakh 1365 B. S.

(2.) PREMISES No. 3, 3/1 and 3/2 Darmahata Street, now collectively numbered as No. 3 Maharsi Debendra Road, Calcutta belongs to the plaintiff deity Shri Shri Iswar Radhanath Jew. By a lease dated 13 March 1918 one Raghunath Basak, since deceased, as sole shebait of the deity granted a building lease of the piece and parcel of land therein described being the premises No. 3, 3/1 and 3/2 Darmahata Street, Calcutta, hereinafter referred to as the said premises, for A term of forty years commencing from 1st Baisakh 1325 B. S. in favour of Santosh Kumar Ghattack, Asutosh Ghattack, Hridaytosh Ghattack, Bhabatosh Ghattack and Charutosh Ghattack (all since deceased) at a monthly rent of Rs. 490/- inter alia on the following terms and conditions:- (a) That the lessees will during the continuance of the terra hereof granted pay the monthly rents reserved under the lease the manner therein mentioned and shall also pay both share of all rates and taxes and other charges which are now payable or shall hereafter be payable in respect of the said demised premises and also in respect of the buildings and structures to be erected thereupon. (b) The lessees shall at their own costs on or before the 14th day of April 1924 commence to erect and build on the demised premises a three-storeyed masonry building in a substantial and workmanlike manner and finish the same on or before the 14th day of April 1926, such building to be constructed with proper materials as required by the sanction to be obtained in that behalf and in conformity with the plans, elevations and sections to be signed and approved by the lessor. (c) The said buildings to be erected shall be completely finished and made fit for habitation within eight years and one month from the date hereof. (d) That the lessees during the term hereby reserved shall keep the said buildings and erections and all fixtures thereof in good and substantial repair, order and condition both internally and externally. (e) The lessees shall not assign or transfer the said demised premises or any part thereof but they shall be entitled to underlet or sublet the same at their own discretion and will at the expiration or sooner determination of the term hereby granted quietly yield up unto the lessor the demised premises and all buildings and structures erected thereon by the lessees pursuant to the covenants aforesaid together with all additions and improvements made thereto and all fixtures of every kind in or upon the said premises in good and tenantable order and condition, reasonable wear and tear excepted.

(3.) PURSUANT to the provision of the lease the said lessees constructed the buildings and structures on the said premises and thereafter sublet the said premises and the said premises and the buildings from time to time to different sub-tenants on different dates. It is admitted that the defendants are the successors-in-interest of the original lessees who are all deceased. On last day of Chaitra 1361 B. S. the said lease expired by efflux of time and it is stated that in spite of demands from the plaintiffs the defendants have failed and neglected to quit and vacate the said premises including the buildings thereon with the expiry of the lease and have rendered themselves in the position of trespassers since 1st Baisakh 1365 B. S. It is also stated that the plaintiff deity has become the owner of the said buildings and structures on the said premises since the expiry of the lease and is entitled to possession of the said buildings and structures and to enjoy all rents, issues and mesne profits amounting to the extent of Rs. 2,100/- per month realised by the defendants from the sub-tenants of the said premises and building since 1st Baisakh 1365 B. S. It is alleged that the defendants have been and are still realising rents, issues and profits to the extent of Rs. 2,100/- approximately per month out of the said premises and buildings from various subtenants thereof and also denying and/or interested to deny the right of the plaintiffs to recover possession of the said premises and buildings and to realise and collect the rents, issues and mesne profits thereof. It is next stated that upon the defendants' failure to quit the said premises and the buildings standing thereon the plaintiffs through their lawyer sent a notice in writing dated 6 June, 1958 to the defendants calling upon them to quit and vacate the said premises including the buildings standing thereon and demanding recovery of possession of the said premises and buildings from the defendants. But in spite of the said notice which was duly received the defendants did not quit and vacate.