KEDAR NATH JOYPOORIA Vs. POORASUNDARI DASI

JUDGEMENT

(1.) This suit is- brought by the plaintiff for the purpose of obtaining specific performance of an agreement for a lease of certain premises Nos. 1 and 1-1, Rup Chand Roy's Street. The premises, in question, are the property of the defendant who appears to be a lady of considerable means. Prior to the 18 November 1907, the property had, for many years, been let to two persons, Heera Lai and Dwarka Das.

(2.) Dwarka DAS, however, died and in November 1907 Heera Lal was the sole tenant. A considerable amount was then due to defendant from Heera Lal, for rent. Somewhere about November 1907, the plaintiffs approached the defendant's son-in-law, Sreenath Sen, who is also the defendant's duly authorised agent, for the purpose of obtaining a lease of the said premises Nos. 1 and 1-1, Rup Chand Roy's Street. There is a direct conflict of testimony between the parties, as to what took place when the parties orally came to a final agreement on the 18 November 1907. - The plaintiffs say, that there was an agreement, that they should have a lease of the premises for three years, at a rent of Rs. 275 a month, and that that agreement was absolute, although the rent was not to run until the defendant gave them possession, and they further say that Sreenath on behalf of the defendant, undertook to take steps to eject the old tenants from the premises.

(3.) On the other hand, the evidence on behalf of the defendant, is that the agreement was a conditional one. The condition being, that if the defendant came to an arrangement with the old tenant or his sub-tenant, the agreement should cease. Sreenath Sen says, the time within which the defendant was to come to an arrangement with the sub-tenants, was a period of five to six months commencing from the 18 November 1907.