SUBOL CHANDRA MULLICK Vs. DWARKA PROSAD JHUNJHUNWALLA

JUDGEMENT

(1.) By an indenture dated April 8, 1914, the Plaintiff's predecessors granted a lease for a period of 50 years in respect of premises Nos. 11 Rup Chand Roy Street and 12 Mullick Street to one Surajmall Jhunjhunwalla since deceased. The said two premises being Nos. 11 Rup Chand Roy Street and 12 Mullick Street were subsequently amalgamated into one single premises and became known as 11 Rup Chand Roy Street, Calcutta.

(2.) Under the said lease the said period of 50 years was to commence from May 15, 1913. It was provided in the said lease that the said lessee Surajmall Jhunjhunwalla would demolish the existing building and would erect thereon a new building within five years from the date of the said lease. The said lessee would keep the said premises in thorough good order during the period covered thereby and at the end or sooner determination of the said term would peacefully and quietly leave, surrender and yield up to the lessors the said demised premises together with the building to be erected thereon and together with all door, windows, fastenings, water closets and all such other things which might be fixed or fastened to the said demised premises or to the building to be erected thereon or to any part thereof as might not be removed without injuring the demised premises and the building erected thereon.

(3.) In the partition suit being Suit No. 367 of 1936 (Sm. Lahshmisona Dassi v/s. Sm. Kamalini Dassi and Ors.) filed in the year 1936 the said premises No. 11 Rup Chand Roy Street was partitioned and divided into four lots by the Receivers appointed therein. The Receivers by their letter of adornment dated September 19, 1959, attorney Subol as the landlord of the said entire back -east portion of the said premises No. 11 Rup Chand Roy Street, Calcutta, and intimated the same to the lessees of the said back -east portion of the said premises. A sum of Rs. 37 was fixed as the monthly rent of the said entire back -east portion of the said premises No. 11 Rup Chand Roy Street, Calcutta, which was allotted to Subol by way of partition.