MD AHMED AMOLIA Vs. NIRMAL CHANDRA ROY

JUDGEMENT

(1.) This Is an appeal from the decree dated September 7, 1975 passed by Dipak Kumar Sen, J. in a suit filed by Nirmal Chandra Roy and Sk. Jagadiswari Dassi against the appellants and other respondents. The learned Judge gave a judgment whereby he ordered and decreed that the defendants do deliver up quiet and peaceful possession to the plaintiffs of the land and premises No. 104, Lower Chitpur Road, Calcutta (hereinafter referred to as the premises); do pay Rs. 1,500 on account of arrears of rent for ten months from March to December, 1961. He also ordered and decreed that a mandatory injunction be and the same is granted against the defendants except the defendant Receiver Shri T. Dastidar directing them at their own costs and expenses to close up all the openings and connections in premises No. 105, Lower Chitpur Road, Calcutta so as to make the two premises Nos. 104 and 105 Lower Chitpur Road, Calcutta, independent of each other and further ordered and decreed that all the defendants except the defendant Receiver do pay to the plaintiffs mesne profits in respect of the premises commencing from January 1, 1962 until possession is delivered to the plaintiffs. He further ordered and decreed that Mr. S. A. Murshed, Advocate be and he is thereby appointed Receiver to enquire into the mesne profits on the basis of the average rate of rent payable per month by the tenants of the premises commencing from Jan. 1, 1962 until possession is delivered to the plaintiffs.

(2.) Three of the defendants, namely, defendants Nos. 2, 3 and 4 have preferred this appeal.

(3.) The case of the plaintiffs in the plaint is shortly as follows: By an Indenture of lease dated March 3, 1911, one Bhola Nath Dhur, since deceased, demised to one Ahmed Mamooji Amolia since deceased, the land and premises for a term of fifty years commencing from the date the lessee Ahmed Mamooji Amolia was put in possession of the premises. The lease provided, inter alia, that the lessee would pay rent (i) for the first ten years @ Rs. 115 per month; (ii) for the second ten years @ Rs. 125 per month; (iii) for the third ten years @ Rs. 135 per month; (iv) for the fourth ten years @ Rs. 155 per month -- the rent of each month being payable within the fifteenth day of the succeeding month and the lessee being entitled to a rebate of Rs. 5 per month in case of punctual payment as aforesaid.