LALA GOPINATH Vs. SALIL KUMAR MITTER

JUDGEMENT

(1.) This is an appeal against a decision of Panckridge J. One Lala Gopinath demised certain premises known as the Minerva Theatre to one Salil Kumar Mitter. The lease was effected by a registered document and is dated 2 December, 1933. It was for a period of two years from 1 December 1933. Clause 2, Sub-clause (20) of the lease provided that: Upon the expiry of the term hereby created or other sooner determination and after possession of the same is obtained by the lessee, the lessor will have the demised premises and the furniture fixtures and machineries and things, scenery, dresses, stage fittings, etc examined by a surveyor or other person competent to examine the same and any defect that may be found therein shall be made good by the lessee....

(2.) Clause 5 provided that disputes touching the construction, meaning or effect of the lease or any clause or thing therein contained or the respective rights or liabilities of the parties under the lease or otherwise in relation to the premises should be referred to the sole arbitration of Lala Ganga Sahay of No. 53, Upper Chitpore Road in Calcutta whose decision should be final. It was further provided that the lease should be deemed to be a submission to arbitration within the meaning of the Arbitration Act.

(3.) On the same date, an agreement in writing was made between the parties which was not registered. This provided for the realization of box-office receipts and for meeting the expenses of the theatrical business. 16 referred in terms to the lease. In clause 8 it was provided that an account should be taken on the 5 day of every succeeding month and the amount of profit found to have accrued during the previous month after meeting all expenses including the rent reserved by the lease was to be divided equally and one half thereof was to be appropriated towards the liquidation of an amount due to the lessor under a previous decree and the other half was to be received by the lessee until such time as the whole balance now due under the said decree dated 22nd day of March 1933 be fully paid with interest and costs.