RAM MOHAN RAO Vs. LALIT CHANDRA SEN GUPTA

JUDGEMENT

(1.) This appeal arises out of a suit for arrears of rent, for ejectment and for damages for use and occupation of the premises after termination of the tenancy by notice. The material facts are these:

(2.) There was an oral contract between the parties regarding the lease of premises No. p. 15 Lansdowne Road Extension (Ground floor) and defendant 1 wrote a letter to plaintiff on 11-11- 1941 setting out the terms agreed upon.

(3.) The monthly rent was originally Rs. 55, but was reduced in 1942 by oral agreement to Rs. 40, in the period following enemy air raids on Calcutta. On 22-4-1943, plaintiff sent a letter to defendant 1 calling upon the latter to give vacant possession of the flat at the end of the last day of May. Defendant failed to comply. Hence the suit.