(1.) The plaintiff owns a shop-room measuring about 1077 sq.ft. on the ground floor of one of the units at the Astral Building Complex on up-market Gurusaday Road. The plaintiff purchased the shop from the proforma defendant. The proforma defendant executed a lease on August 26, 2008 in favour of the first defendant. The proforma defendant also entered into a second agreement to provide certain facilities to the first defendant. The plaintiff claims to be entitled to the proforma defendant's rights under the agreements following the plaintiff having acquired the shop.
(2.) The lease provides for a lock-in period of three years from the date of commencement of the lease. It stipulates that if the first defendant was desirous of surrendering the lease during the lock-in period, it would be liable to pay the monthly rent payable for the remaining lock-in period. The lessor was similarly locked in for three years without being entitled to terminate the lease during such period unless the lessee breached the covenants thereof. The following three clauses in the agreement are of some significance: .
(3.) The letter of atornment issued in favour of the plaintiff by the proforma defendant was accepted without reservation by the first defendant. The plaintiff has raised bills on the first defendant on account of the monthly lease rents and complains that no payment in respect thereof has been made. The plaintiff refers to a letter of July 15, 2009 issued by the first defendant seeking to terminate the agreement with effect from July 31,2009. The third, fourth, fifth and sixth paragraphs of the letter have been emphasised by the plaintiff: