DEBENDRA LAL KHAN Vs. FMACOHEN

JUDGEMENT

(1.) This is a suit brought to recover possession of a block of buildings lying at the corner of Wellington Street and Dhurrumtolla Street in Calcutta. I shall refer to the buildings generally as No. 149-1, Dhurrumtolla Street, the parcels being set out in the lease in suit.

(2.) On the 3 Augu9t 1906 the predecessor of the plaintiff let the said premises to one Sassoon Ezra Cohen (through whom the defendant claims title) for a term of 50 years. The rent reserved was Rs. 416-10-8, payable on the 25 day of each month succeeding the month for which it became due. The lessee covenanted inter alia that he will at all times during the said term keep the said premises in good and substantial repair and the same in good and substantial repair deliver up to the lessor his heirs or assigns at the expiration or sooner determination of the said term.

(3.) The lessee further covenanted that he would repair the said premises within two months after a notice in writing of the necessary repairs was served upon him by the landlord. No such notice was given, but it was conceded by the defendant that the covenant to carry out specific repairs after notice was an independent covenant, and did not restrict or effect the defendant's liability under the general covenant to repair. It was further provided that If the said monthly rent, Rs. 416-10-8 or any part thereof shall be in arrear for the space of three months next after any of the days whenever the same ought to be paid as aforesaid, whether the same shall or shall not have been legally demanded, <JGN>Page</JGN> 2 of 5 or if there shall be any breach or non-observance by the said lessee, his executors, administrators, or assigns, of any of the covenants hereinbefore on his or their part contained, or the lessee becoming insolvent, then and in any of the said cases, it shall be lawful for the said lessor, his heirs or assigns, at any time thereafter, into or upon the said demised premises or any part thereof, in the name of the whole to re-enter and the same to have, reposses and enjoy as in his or their former estate, and to hold the same free and discharged from the covenants and agreements herein contained and to hold the said lessee liable for all loss and damages that may be sustained by the said lessor for such breach of covenant on the part of the said lessee.