EIC HOLDINGS LIMITED Vs. CALCUTTA DOCK LABOUR BOARD

JUDGEMENT

(1.) IN this application under Chapter XIII-A of the Rules on the Original Side of this Court, the plaintiff seeks a decree of eviction in respect of a portion of premises no. 20b, Abdul Hamid Street, Calcutta ? 700 069.

(2.) UNDER a registered deed of indenture of July 19, 1968 the plaintiff demised unto the defendant an area of 22785. 14 sq. ft. on the first, second and fifth floors of the relevant building at the agreed monthly rent for a period of three years with an option to the defendant-tenant to renew the lease for a further year at the end of the third year and for a period of another year thereafter. The tenure under the lease began on June 1, 1967 and the monthly rent was fixed at rs. 20,506. 50 at the rate of 90 paise per square foot inclusive of the tenant's share of the municipal rates and taxes and a service charge of Rs. 7519. 05 calculated at the rate of 33 paise per square foot for the amenities annexed to the tenancy. The deed obliged the tenant to observe the various terms thereunder throughout the tenure thereof and clause II (n) of the tenant's covenants required the tenant to peacefully yield up possession upon the expiration or earlier determination of the tenancy:

(3.) THE corresponding obligation of the landlord is found at clause III (d) of the deed. The agreement records at clause IV (c), the following: