LAWS(CAL)-1982-7-7

DHIRAJ BALA KARIA Vs. JETHIA ESTATE PVT LTD

Decided On July 22, 1982
DHIRAJ BALA KARIA Appellant
V/S
JETHIA ESTATE PVT.LTD. Respondents

JUDGEMENT

(1.) This Special Bench has been constituted under Rule 1 (ii), Chap. II of the Appellate Side Rules for hearing the following question of law which has arisen in two Civil Orders under Section 115 of the Civil P. C., 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 to any person other than the plaintiff the ground floor and the first floor of Premises No. 21, 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. 500.00 per month. (b) An advance of Rs. 70,000.00 would be paid by the plaintiff to the defendant to be adjusted against the rent @ Rs. 250.00 per month. (c) An amount of Rs. 30,000.00 would be kept 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 the suit premises. For the purposes of court-fees, the suit was valued at Rs. 100.00 for injunction and court-fees were paid therein.

(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): "That the defendant do forthwith execute/ lease in respect of the suit premises (described in the schedule to the plaint) in favour of the plaintiff and to do acts for registration thereof and to put the plaintiff in full possession of the property". The plaintiff in amended para (13) of her plaint has avered that for purposes of court-fees, the suit is valued at Rs. 100.00 for Injunction and Rs. 6,000.00 (being annual rent for the first year of the lease) in terms of Section 7 (xii) of the West Bengal Court-fees Act. 1970 for specific performance of the Agreement of Lease and Court-fees is paid thereon.