SAHIRAM CHOWDHURY Vs. LAXMI DEVI GOEL

JUDGEMENT

(1.) Sahiram Chowdhury the plaintiff, instituted this Suit for self and as Karta of a Mitakshara joint Hindu family carrying on business under the name and style of "Sahiram Mahabir Prosad" claiming a decree for Rs. 47,500/- as arrears of rent, for the period December 1, 1973 to June 30, 1975, Rs. 3,800/- as interest and costs.

(2.) The case in the plaint is that the defendant is a monthly tenant under the plaintiff in respect of a portion of premises No. 9, Rishi Bankim Chandra Road, Calcutta (hereinafter referred to as the said premises) at a rent of Rs. 2,500/- per month according to the English Calendar commencing from November 16, 1973 under terms and conditions recorded in an agreement dated January 31, 1974. It is alleged that the defendant paid rent in respect of the said premises from Nov. 16, 1973 to November 30, 1973, but failed to pay further rent from December, 1973 to June 1975. Apart from arrears of rent for the said period the plaintiff also claims a further sum of Rs. 3,800/- by way of interest at the rate of 8% per annum under the provisions of the West Bengal Premises Act

(3.) In the written statement filed on behalf of the defendant it is denied that the defendant was a tenant under the plaintiff on the terms as alleged in the plaint. It is contended that the plaintiff had agreed to make arrangements for supply of additional electricity load of 60 H. P. in the said premises and on the basis thereof on November 16, 1973, an agreement of lease for a period of 20 years was entered into and recorded in the document dated January 31, 1974. The plaintiff having broken the said fundamental terms of agreement it is contended that the defendant is not obliged to pay any rent to the plaintiff. It is admitted that 15 days rent was paid to the plaintiff for the month of November, 1973. It is alleged that the plaintiff has no cause of action.