BENGAL NATIONAL BANK LTD Vs. JANOKI NATH ROY

JUDGEMENT

(1.) Plaintiffs are lessors of 31-3, Marquis Street and the Anglo-American Motor Gar Company were lessees under a registered lease, dated 21 December 1920, for a term of three years from 6 November 1919 at a rent of Rs. 500 per month. That lease contained the following clause: Provided further that if the lessees shall regularly and punctually pay the rent hereby reserved and duly observe and perform the covenants and conditions on their part to be observed and performed, then the lessees shall be entitled to a renewal of this demise for a further period of three years on the same terms and conditions as are contained in these presents except that the monthly rent shall be six-hundred rupees instead of five-hundred rupees and that there will be no covenant for a further renewal.

(2.) Also a covenant not to assign or sub-let or part with the possession of the said demised premises without the consent in writing of the lessors first had and obtained, but such consent shall not be unreasonably withheld.

(3.) The original term having expired on 5 November 1922 the lessees continued in occupation and in November 1923 the plaintiffs sued them for rent in arrear (Suit No. 3017 of 1923) setting out in their plaint the renewal clause and complaining inter alia that for January, February a March, 1923 the lessees had paid rent at the rate of Rs. 500 only "in breach of the covenants in the said lease," The lessees by their written statement denied that they had paid only Rs. 500 for January, February a March, and said that they had paid the rent in full for these months and also for April a May, 1923 and that for June they had paid Rs. 500 leaving Rs. 100 owing. They admitted a certain sum as due and owing on this basis, namely, Rs. 2,647, and for this judgment was obtained on admission.