ASHIS RANJAN DAS Vs. RAJENDRA NATH MULLICK

JUDGEMENT

(1.) Dr. Ashis Ranjan Das, the plaintiff, instituted this suit on the 24th July, 1981 against Rajendra Nath Mullick the sole defendant, claiming, inter alia, (a) a decree for specific performance of an agreement between the parties for a lease of a portion of premises No. 2 Auckland Place, Calcutta, to be executed by the defendant in favour of the plaintiff, (b) mandatory injunction directing the defendant to execute and register in favour of the plaintiff a lease in the form set out in Annexure B to the plaint or in such other form as may bs prescribed, (c) in default, the Registrar, Original Side of ihis Court be directed to execute and register such lease in favour of the plaintiff, (d) in the alternative, a decree for Rupees 29,000/- and a further decree for Rupees 1,00,000/- or (e) alternatively, an enquiry into the compensation and a decree for the sum as may be ascertained on such enquiry and other reliefs.

(2.) The plaintiff's cause of action is materially as follows:-- The defendant is the owner of the said premises No. 2 Auckland Fiance, Calcutta, which includes a plot of land measuring about 4 cottahs 5 chattacks and 7 sq. ft.

(3.) The plaintiff and the defendant arrived at an agreement on or about the 30th Aug., 1978 for grant of a building lease of the said plot of land by the defendant to the plaintiff for a period of 50 years from execution with option to the plaintiff of renewal thereof for further 20 years at a rent of Rs. 900/-per month payable according to the English calendar for the first two years and thereafter at the rate of Rs. 1,500/- per month for the next ten years with provision for further increase thereafter as also a premium of Rs. 50,000/- to be paid by the plaintiff to the defendant at or before the execution of the lease.