KIRLOSKAR BROS P LTD Vs. USHA BUBNA

JUDGEMENT

(1.) This is an application under Section 115 of the Code of Civil Procedure directed against an order, dated 16.4.88 of the Learned Chief Judge, City Civil Court, Calcutta, in Ejectment Suit No. 403 of 1983. By the impugned order the Learned Judge impounded a document which the Learned Judge held is a document creating lease of an immovable property and is not sufficiently stamped.

(2.) The document in question which we have examined relates to lease of a room or apartment in the second floor of premises No. 8, Camac Street, Calcutta for five (5) years in favour of M/s.-Kirloskar Brothers-Ltd. (the petitioner-defendant) with effect from 1.9.76. But the document itself is dated 28.7.77 and is styled as a Lease Agreement.

(3.) Admittedly the leases was put in possessive of the demised premises on or before 1.9.76. There was no written agreement at that time relating to the tenancy. The document under consideration contains stipulations and agreements for and by both parties as to the amount of monthly rents payable by the Lessee, covenants on the part of the Lessee to pay the monthly rents and also to pay other amounts as conditions of the lease, and covenants on the part of the Lessors also as to what the Lessors shall do.