FATICK CHAND SEAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Plaintiff filed this suit against the State of West Bengal and Prahlad Chandra De for a declaration that the lease dated December 8, 1961, is determined, delivery of vacant possession of premises No. 257B, Bepin Behari Ganguli Street, Calcutta and in the alternative, cancellation of the order dated April 8, 1963, passed by the Government of West Bengal. Further reliefs asked for are decree for Rs. 15,618 or any other sum that may be found due from the Defendant No. 1 as rent or compensation for the period from July 14, 1962 to April 8, 1963 and for a sum of Rs. 9,240 from the Defendant No. 1 as mesne profits and damages from April 9, 1963, till September 9, 1963. The Plaintiff also claims mesne profits and or damages at the rate of Rs. 60 per diem, from the Defendant No. 1 until delivery of vacant possession of the property. In the alternative, rent or compensation at the rate of Rs. 1,767 per month is claimed from the Defendant No. 1 until delivery of vacant possession.

(2.) The Plaintiff is and at all material times has been, the owner of premises No. 257B, Bepin Behari Ganguli Street, (formerly known as 257B, Bow Bazar Street) Calcutta. On or about December 8, 1961, the Plaintiff leased the second floor of the said building to the Defendant No. 2, Prahlad Chandra De, under a registered lease for a term of 21 years. The lease, inter alia, provided:

(3.) The Defendant No. 2, Prahlad Chandra De, paid rents but defaulted in payment of municipal taxes and it is alleged that the Defendant was not in physical possession of the said premises.