C MACKERTICH Vs. STEUART AND CO LIMITED

JUDGEMENT

(1.) These two appeals are by the defendants Steuart and Company Limited against two decrees for ejectment passed by Sri J. N. Mallick, Subordinate Judge, Second Court, Alipore. The tenancy which is the subject-matter of first appeal No. 55 of 1956 (Title Suit No. 31 of 1953} is 38/1, Panditiya Road, Ballygunge corresponding to part of old premises Nos. 37 and 38 Panditiya Road; the rate of rent in respect of this tenancy is Rs. 500/- per month. The subject-matter of first appeal No. 268 of 1956 (Title Suit No. 30 of 1953) is 37 and 38 Panditiya Road, Ballygunge corresponding to old premises No. 37/1 and portion of 38 Panditiya Road; the rent of this tenancy is Rs. 200/- per month.

(2.) The history of the tenancies is briefly as follows: On 22nd December, 1913, M. Mackertich and Frank Ernest Bushby let out the subject-matter of Title Suit No. 31 or 1953, i. e. , portion of premises Nos. 37 and 38 Panditiya Road (new No. 38/1) covering an area of approximately 7 bighas 9 cottahs 5 chattacks and 9 Sq. Ft. to 4 persons viz. , Walter Bushby, Frank Earnest Bushby, Geoffrey Berridge Page and William Shenton for the purpose of their business, their business being described as partnership business as coach builders. The term of the lease was 50 years and it was to commence from the 1st of January, 1915; the lease was not to commence with the date of the execution of the lease because in the meantime the lessors undertook to build a boundary wall or fencing and fill up one of the existing tanks within the premises to the level of the surrounding land. As regards the rent it was agreed that it would be Rs. 400/- per month during the first 5 years, Rs. 425/- per month during the 2nd 5 years, Rs. 450/- per month during the 3fd 5 years, Rs. 475/- per month during the 4th 5 years and Rs. 500/-per month thereafter i. e. from 20 years after the commencement of the lease. Ext L is a certified copy ol the lease deed which was duly registered.

(3.) On 31st January, 1919, the lessors M. Mackentich and Frank Ernest Bushby let out the adjoining premises at old 37/1 and 38 Panditiya Road (new Nos. 37 and 38) measuring approximately 3 bighas 7 chattocks 5 Sq. Ft. to 3 persons, viz. , Frank Ernest Bushby, Geoffrey Berridge Page and William Shenton, because in the meantime Walter Bushby who was one of the lessees under the earlier deed of lease had gone out of the partnership business of coach builders. This lease was to commence from tne 1st of October, 1918, i. e. the lease had already commenced before the execution of the lease deed; and the term of the lease was fixed at 46 years 3 months from the 1st October, 1918, i. e. the lease was to empire at the same time as the earlier lease which was for a term of 50 years. The rent agreed was Rs. 125/- per month for the first 6 years 3 months, Rs. 150/- per month for the next 5 years, Rs. 175a per month for the next 5 years and Rs. 200/- per month thereafter i. e. from 16 years 3 months after the commencement of the lease. Ext. L (1) is a certified copy of the lease deed which was also duly registered.