KIRAN CHANDRA BOSE Vs. DUTT AND CO

JUDGEMENT

(1.) The plaintiff, who is the Receiver appointed in Suit No. 1109 of 1921, is in possession of premises No. 3, Schalch Street in the town of Calcutta, whereof the defendant firm are the tenants occupying a portion at a monthly rent of Rs. 175. The present suit is one for arrears of rent from the month of Jaistha 1329 B.S. up to the end of Kartik 1330 B.S., both inclusive, amounting to Rs. 3,150.

(2.) In their written statement the defendant firm state that the demised portion of the said premises is held by them tinder a registered lease, dated the 7 December, 1921, granted by one Nalin Chandra Shaw, who is the mortgagor, of whose properties the plaintiff is the Receiver, for a period of five years, commencing from the 17 November, 1921, with a further option of two years, at a monthly rental of Rs. 175, and that as a condition precedent for the execution of the said lease, the said mortgagor took an advance of 17 months rent, viz., Rs. 2,975. The defendant firm further state that under the said lease the landlord was to pay all municipal taxes, but that there having bean failure to pay the same they had been obliged to pay a sum of Rs. 816.14 on account of municipal taxes, for which they are entitled to get credit. They state further that they are willing to pay whatever may be due and owing to the plaintiff after deducting from his claim the said two sums and a further sum of Rs. 198 referred to in para. 3 of the written statement.

(3.) It appears from the evidence adduced in this case that on the 25 August, 1919, one Nalin Chandra Shaw executed a mortgage of certain properties, including premises No. 3, Schalch Street, in favour of one Gopiram Bhotica for Rs. 2,00,000. The mortgagee instituted a suit, being Suit No. 1109 of 1921, to enforce his mortgage. In that suit the plaintiff was appointed on the 21 September, 1921, Receiver of the mortgaged properties. The Receiver was not to take possession till the end of November, 1921. On the 7 December, 1921, there was the registered lease granted by Nalin Chandra Shaw, which has been referred to above, and also, as indicated above, there was an alleged payment of 17 months advance rent from Aghrayan 1328 to Chaitra 1329 B.S. On the 16 May, 1922, the Receiver served a notice upon the defendant firm asking them to pay the arrears of rent. This demand was followed by a further demand on the 14 September, 1923. On the 10 October, 1923, the defendant firm wrote a letter to the plaintiff alleging the payment of the said advance rent. On the 11th October, 1923, the plaintiff's solicitor wrote to the defendant firm claiming payment of the arrears of rent and denying the right of Nalin Chandra Shaw to receive the said advance rent or any portion of the same.