Porter, J. -
(1.)THE respondents in this case are the owners of certain plots of land at Grierson Road, Howrah. Before September, 1932, one Gobardhan Das Deora (hereinafter called Deora) was tenant of the plots on which certain structures had been erected. A draft lease had been sent to him but it was never executed. Deora failed to pay the rent for the land and a large amount became due from him to the respondents. It was accordingly arranged between Deora and the appellant that the appellant should purchase the structures, and between the respondents, Deora and the appellant, that the appellant should become tenant of the land and certain further land at an agreed rent. THE terms of the arrangement will be found in a letter from, the respondents to the appellant's solicitors dated September 21, 1932.
(2.)IT was part of the terms agreed between Deora and the appellant that the appellant should take over and pay Deora for the structures on the land. This provision was duly carried out and from the sum so received Deora discharged the rent which was in arrear. The appellant then took possession of the land and a certificate of possession was signed by him and by a representative of the respondents on September 12, 1932, from which it appears that the appellant went into possession on that date under an agreement for a yearly lease beginning on October 1, 1932. The respondents, however, seem to have thought that the lease was to operate from September 1, 1932, and on October 24, 1932, a draft lease was sent to the appellant's solicitors. This lease was never returned. The appellant nevertheless remained in possession and for a time paid the stipulated rent, but by June 13, 1933, a considerable sum remained unpaid, and a suit for its recovery was pending. In these circumstances a discussion took place between the respondents and the appellant's agents and letters purporting to embody its result were exchanged between them. These letters must be set out in full as their legal effect is in dispute between the parties. Messrs. Talbot & Co. Tower Houses Chowringhee Square, Calcutta. Dear Sirs, With reference to your letter No. WSV/1963, dated 20th June, 1933, and your Mr. Basil's conversation with the Assistant Secretary to-day, I beg to confirm the following arrangements in regard to the land at Grierson Road, Howrah, leased to Babu Pralhadroy Churiwalla: (1) That Babu Pralhadroy Churiwalla will pay us before 1st July, 1933 Rs. as. p.Rent for five months from February to June, 19338 0 5,822 Cost of the suit instituted against him0 0 340 _____________ 8 0 6,162 _____________ (2) That Babu Pralhadroy Churiwalla will hand over vacant possession of a portion of the land on the 1st July, 1933. (3) That Babu Pralhadroy Churiwalla will be treated as a monthly tenant after the 1st July, 1933, in respect of the land retained by him from that date. This tenancy will be terminable by either party on 15 days' notice expiring with the end of a calendar month. Yours faithfully (Sd.) Section L. Das, Offg. Secretary.
On June 28, 1933, Messrs. Talbot & Co. replied as follows: The Offg. Secretary Calcutta Port Commissioners Calcutta. Dear Sir, re : Land in Grierson Road, Howrah. We thank you for your letter No, 39921 of yesterday's date and, as arranged with you over the telephone to-day, have pleasure in sending you herewith our cheque for Rs. 5,822-8-0 being the amount of rent paid over to us by Babu Pralhadrai Churiwalla for the months of February, March, April, May and June, 1933. As regards the cost of the suit Mr, Churiwalla has requested us to find out whether there is any possibility of saving the stamp-fee by withdrawing the case and in such event he is prepared to pay your out-of-pocket expenses not exceeding Rs. 340. On hearing from; (you) we shall take up the matter with him. The terms of the settlement are that Mir. Churiwalla will give up whatever vacant portion of the land he can and remain as ordinary tenant from the 1st of July, 1933, and subject to the termination by giving you fifteen days' notice in writing. Kindly let us have your stamped receipt for the cheque sent herewith. Encl. Yours faithfully, SAB/J. Talbot & Co.
After this exchange of letters and payment of the amount mentioned, the appellant gave up a portion of the land and continued, to pay rent upon the portion retained by him up to the end of April, 1934.
(3.)THEREAFTER he failed to pay the rent due, and on January 12, 1935, the Deputy Chairman of the Commissioners wrote giving him notice that his tenancy would terminate on January 31, 1935, and requiring him to give up possession on February 1.
Copies of this notice were (1) sent by registered post apparently addressed to 2, Grierson Road, (2) handed to Deora for transmission to the appellant, (3) affixed upon the structures erected upon the land.