BATA SHOE CO LTD Vs. NATIONAL PROPERTIES LIMITED

JUDGEMENT

(1.) THIS in an application for amendment of the written statement. The defendant asks for an amendment after seven years. The suit is for specific performance of an agreement to grant a lease of the ground floor and the first, second and third floors of premises No. 1/1, lower Circular Road, Calcutta, alternatively for damages and for other reliefs.

(2.) THE plaintiff and the defendant are limited companies. The plaintiff's case is that the agreement was negotiated through Messrs. Talbot and Co. , land and Estate Agents and the terms and conditions of the agreement are to be found in certain correspondence ; that the plaintiff has been and is ready and willing to perform its part of the agreement but the defendant is wrongfully refusing to execute a lease and in breach of the agreement is trying to let out the premises to third parties at higher rent.

(3.) IN the original 'written statement it is contended that no concluded or binding or valid agreement was ultimately entered into in the alternative no such agreement was approved or confirmed by the Board of Directors of the defendant and no lawful agreement was entered into which in any way binds the defendant ; that the defendant let out the ground floor and the first floor of the premises to Railway electrification Department, Ministry of railways and the second and third floors to Asiatic Investment Ltd. and that possession of the respective portions have been made over to the the lessees.