J K SONS Vs. METAL PRESS WORKS

JUDGEMENT

(1.) AS this action in ejectment, concerning part of 165, Lower Chitpore road, Calcutta, raised on September 24, 1962, and governed by the Premises tenancy Act 12 of 195g (shortened hereafter into ''the 1956 Act") is opened, the point I am called upon to decide is: should I or should I not fix an issue as under-Bid the plaintiff let out to the defendant one hall, two bath rooms and latrines in the west block of 165. Lower Chitpore Road, Calcutta, on a composite monthly rent of Rs. 900 or Rs. 740 ?

(2.) THE plaintiff is J. K. and Sons, a partnership firm. The defendant is metal Press Works Ltd. , a company. Both carry on business at "165". That is how 1 shorten 165, Lower Chitpore road. The defendant company has its registered office at "165" too.

(3.) THE plaintiff contends: an issue as formulated above is closed, The defendant contends: it is not. It is therefore necessary to recall the facts loading to such a deadlock at the very start of the trial. The writ of summons of this suit was served on the defendant on November 24, 1962-just two months after the plaint was presented and admitted for final disposal. Within one month of the service of the writ as aforesaid, to be exact, on December 21, 1962, the defendant made an application to this Court. The burden of such application is: 'in the plaint the rent is claimed at Rs. 900 a month. That is wrong. The rent payable by me qua tenant is Rs. 740 a month only. Here is therefore a dispute as to the amount of rent payable. Pray, determine that, pending the final decision of this dispute, by a preliminary order specifying the amount due from me'.