E H DUCASSE Vs. EMDCOHEN

JUDGEMENT

(1.) (sic) Ducasse for the determination of the following questions, namely, whether, upon the true construction of the Indenture of lease mentioned in the plaint herein, relating to premises No. 4, Madge Lane, in the town of Calcutta, commonly known as trees Grand Opera House, and in the circumstances mentioned in the plaint, the plaintiff is entitled to assign the remainder of the term under the said lease to the Bijou Limited without the consent of the defendant E.M.D. Cohen, and whether the defendant should not, pay the costs of and incidental to these proceedings.

(2.) It appears that by an Indenture of Lease, dated 2nd March 1917, the premises known as the Grand Opera House were demised to the plaintiff for a period of five years, commencing from the 1st April 1917, on certain terms and conditions mentioned in the said lease.

(3.) Among other conditions it was provided by (he said Indenture that the plaintiff would not assign, underlet or otherwise dispose of the said Grand Opera House and the said premises or part with the possession" thereof or any part thereof, without the consent of the defendant, but. that such consent should not be unreasonably withheld provided the plaintiff remained responsible in terms of the said Indenture.