KANAK PROJECTS LIMITED Vs. HOOGHLY PRINTING COMPANY LIMITED

JUDGEMENT

(1.) The Court :-

(2.) According to the plaintiff, notwithstanding such permission to the defendant to install modern plant and machinery at the demised premises and to remove the same therefrom, no right has been given to the defendant by the said lease to make any construction thereat except for covering open space between the main building of the demised premises and the structure thereat being used as generator station by fixing an asbestos shed, if required.

(3.) On the allegation that the defendant proceeded to surreptitiously construct a concrete foundation within the demised premises of approximately 11 meters and 4 meters as a base for installation of a printing machine thereat and wherein the defendant excavated a portion of the foundation of the building comprised within the demised premises feeling that the defendant violated the terms and conditions stipulated in the lease deed, the plaintiff terminated the lease by a notice dated 26th December, 2008 as the defendant failed to remedy the breach for removing such foundation within the period specified in the said notice and thereafter proceeded to file a suit praying, inter alia, for recovery of possession of the demised premises by evicting the defendant therefrom. Prior to the present suit, the plaintiff also filed a suit being C.S. No.268 of 2007 against the defendant and prayed, inter alia, for -