JATHIA ESTATE PVT LTD Vs. DHIRAJ BALA KARIA

JUDGEMENT

(1.) This Special Bench has been constituted under Rule 1(ii), Chapter-II of the Appellate Side Rules for hearing the following question of law which has arisen in two Civil Orders under S. 115 of the Civil Procedure Code, 1908:

(2.) On 16th May, 1980 Sm. Dhiraj Bala Karia, instituted Title Suit No.968 of 1980 in the City Civil Court at Calcutta, inter alia, for a decree of permanent injunction to restrain the defendant, M/s. Jethia Estates Pvt. Ltd., from letting out any person other than the plaintiff the ground floor and the first floor of premises no. 20 Rupchand Roy Street measuring about 4330 Sq.ft. The plaintiff averred that there had been an agreement between the plaintiff and the defendant for letting out the said suit premises to the plaintiff for 21 years with option for renewal for another 21 years, inter alia, on the following terms: - a) The rent would be Rs.500/- per month. b) An advance of Rs.70000/- would be paid by the plaintiff to the defendant to be adjusted against the rent @ 250/- per month. c) An amount of Rs.30000/- would be by the plaintiff with the defendant in suspense account for the future. The plaintiff alleged that in breach of the said agreement to let out the premises to her, the defendant was trying to induct another person as the tenant of suit premises. For the purposes of court fees, the suit was valued at Rs.100/- for injunction and court fees were paid thereon.

(3.) Subsequently on plaintiff's application the plaint of the said Title Suit No.968 of 1980 has been amended, inter alia, by inserting the following prayer (aa):