RAM CHUNDER SEROWGIE Vs. GOWRI NATH DUTT

JUDGEMENT

(1.) This is the plaintiffs appeal from the judgment of Mr. Justice Chotzner delivered on the 19 of January, 1925, whereby he dismissed the suit.

(2.) The suit was brought on the 8 of February, 1922, by the plaintiffs, as lessees, against the defendants who were the lessors or the representatives of some of the deceased lessors.

(3.) The lease was dated the 1 of October, 1919, and it was in respect of premises called 13, Puggyaputty Street in Calcutta, and the lessors agreed to grant the lease, upon the lessees paying to the lessors a salami of Rs. 80,000 by two equal instalments, one of which was to be paid by the lessees at or immediately before the execution of the lease and the other was to be paid by the lessees to the lessors within three years from the date thereof, the lessees giving security for the sum of Rs. 50,000 to the satisfaction of the lessors. It was witnessed that in pursuance of the premises and in consideration of the rent thereby reserved in consideration of the payment of Rs. 40,000, and in consideration of the lessees agreeing to pay the sum of Rs. 40,000 within three years from the date thereof, the lessors demised the premises for a period of eight years commencing from the 1 day of Assin 1326 B.S. The rent for the first two years was Rs. 1,620 and thereafter at the rate of Rs. 2,000 per month. There was a further provision which provided that the lessees would deposit with the lessors Government Promissory Notes of the face value of Rs. 75,000, which the lessois undertook to return to the lessees on payment of the said salami of Rs. 40,000, payable within the third year of the demise.