W & T AVERY, LD Vs. KESSORAM PODDER

JUDGEMENT

(1.) This is an appeal by the defendants against the judgment of my learned brother, Mr. Justice Chotzner.

(2.) It is necessary for me to state certain facts: The appellants were in occupation of one room on the ground floor of Premises No. 1, Hastings Street, as monthly tenants from the end of 1911 or the beginning of 1912. The rental was Rs. 150 per month. That rental remained the same until the year 1919. In 1911 the landlords were the Mullicks. In 1919 Messrs. Solomon & Co. took a lease from the Mullicks of the Premises No. 1, Hastings Street, for a term of twenty years. The appellants continued to be tenants under Messrs. Solomon & Co.

(3.) On the 5 of September 1919, an agreement was made between the appellants and Messrs. Solomon & Co. to pay Rs. 500 rent per month, there were negotiations for a lease, which were never brought to completion. In December of the same year the plaintiff, Kessoram Podder, bought the lease from Messrs. Solomon & Co. and the premises from Messrs. Mullicks for a total of 11 lacs paying 2 lacs for the lease and 9 lacs for the premises.