TALBOT AND CO Vs. HARICHARAN HALWASIYA

JUDGEMENT

(1.) This is a suit by Messrs. Talbot & Co., a registered firm, for the recovery of possession of the premises No. 113, Park Street, Calcutta. There is also a claim for mesne profits.

(2.) Messrs. Talbot & Co. were appointed Receivers of the said premises by order of Lort-Williams J. in Suit No. 991 of 1929, 'Sm. Provabati Debi v. J. C. Galstaun and Ors.' That order was made on 12-5-1930. By a further order made in that suit by Ameen Ali J. on 12-1-1938 the plaintiffs as Receivers were given liberty to grant lease for 10 years of the said premises to Messrs. Ganeshdas Ramgopal. The present defendants are carrying on business under the name and style of Ganeshdas Ramgopal at 1, Chittaranjan Avenue, Calcutta. Originally there were 3 defendants one of whom Nawal Kishore Halwasiya died pending the suit and the necessary amendment was duly made bringing on the record the legal representatives of the deceased defendant. In pursuance of the leave granted by this Court the plaintiffs on 4-3-1939, granted a lease of the said premises 113, Park Street to defendant Hari Charan Halwasiya, the deceased defendant Nawal Kishore Halwasiya and defendant Detai Prosad Halwasiya for the period of 10 years commencing from 16-10-1937. By Clause 1 (8) of the said lease it was provided as follows :

(3.) It is alleged in the plaint that the defendants committed breach of the covenant against sub-letting and that they in fact in breach of such covenant sub-let a portion of the said premises to Messrs. Poddar Automobiles without the previous sanction in writing of the plaintiffs. The plaintiffs came to know about the breach on or about 24-2-1947 and by notice dated 28-2-1947 the plaintiffs gave notice in writing to the defendant of their intention to forfeit and determine the said lease.