PRAVASH CHANDRA DALUI AND ANOTHER Vs. BISWANATH BANERJEE

JUDGEMENT

(1.) This is an appeal by the defendants against the judgment and decree passed in Title Suit No. 80 of 1965 of the 4th Court of Subordinate Judge at Alipore.

(2.) The suit was instituted by the plaintiff Biswanath Banerjee against the defendants, Debsndra Chandra Delui and Prabhash Chandra Dalue for recovery of arrears of rent with interest thereon. The simple case of the plaintiff is that the disputed property was leased out to the defendants by a registered deed of lease dated 26th, Sept., 1946 which was to take effect from 1st, April, 1946. It was a lease initially for a term of 10 years reserving a monthly real of 200.00. The lease contained clauses for further extension of two more terms of five years each at enhanced rate of Rs. 250.00 and 300.00 respectively. The defendants failed to pay rent for a long time the total period of arrears being from April, 1959 to March, 1961 at the rate of Rs. 250.00 per month and from April 1961 to Dec., 1965 at the rate of Rs. 300.00 per month. Total claim was laid at Rs. 15,671 with interest at 12%.

(3.) The defendant contested the suit mainly on the pica that they were Thika tenants under the Calcutta Thika Tenancy Act and as such the enhanced rent claimed by the plaintiff being not in conformity with the provisions of the Thika Tenancy Act was not maintainable. They also questioned the validity of the claim of interest at the rate of 12% per annum.