TARA PROPERTIES PRIVATE LIMITED Vs. SHALIMAR PAINTS LIMITED

JUDGEMENT

(1.) IN this suit instituted on May 31st, 1984 the plaintiff is seeking decrees for recovery of possession of the suit property, for damages by way of past mesne profits amounting to Rs. 2,74,954. 69 upto May 10th, 1984, and for damages or future mesne profits at the rate of Rs. 3,872. 60 per day with interest till delivery of vacant possession of the suit property, or alternatively for a decree for the sum determined upon enquiry into mesne profits or damages with interest.

(2.) BY Ex E, a registered instrument dated March 4th, 1963, the ground floor office accommodation having a carpet area measuring 5806 sq. ft. at 13 Camac Street, Kolkata was leased out by the plaintiff to the defendant for non- residential purpose for a period of 21 years with effect from March 1st, 1963 at a monthly rent of Rs. 7,257. 50. The lease was to expire on February 29th, 1984. By Ex A, lawyer's letter dated December 14th, 1983, the plaintiff, while reminding the defendant that by efflux of time limited by the lease, the lease would determine on February 29th, 1984, called upon it to inform the date and time when it would deliver possession of the suit property. By efflux of time the lease determined on February 29th, 1984, but the defendant did not put the plaintiff into possession of the property. Under the circumstances, the plaintiff instituted the suit.

(3.) THE defendant entered appearance and filed written statement on november 29th, 1984 taking the defence (in para. 5):