Dipankar Datta, J. - (1.) SEVERAL godowns at Bagbazar warehouse, belonging to the Kolkata Port Trust (hereafter the KPT), were offered by it for lease through a process of tender. The petitioner expressed interest in respect of two godowns (hereafter the said godowns), one on the southern side and the other on the northern side. Offer of the petitioner having been accepted, two separate offer letters dated June 20, 1992 were issued. The offer letter issued in respect of the godown on the southern side contained, inter alia, the following terms and conditions: The above godown can be leased to you on month -to -month basis with effect from 20th June, 1992 or any subsequent date ... illegible ... Rs. 5,000=00 per 100 sq. meters per month plus occupiers' share of municipal tax on structure for the purpose of storage and warehousing.
(2.) THE lease will be granted subject to the following conditions beside the other general conditions as embodied in the Trustees' standard lease form : - i) You will be required to deposit with this office a sum of Rs. 1,49,508.00 being the security for payment of rent and taxes and additional security deposit being a sum Rs. 1,19,508.00 in respect of the above occupation. ii) You have to take over the possession of the godown on 'As is where is' basis. iv) The rate of rent is subject to periodic revision as and when decided by the Trustees. vi) No addition and alteration to the existing godown will be allowed unless you obtain prior permission in writing from the Trustees to that effect. xii) The rent will be charged on the actual area to be found on demarcation of the space proposed to be leased. xvii) You will be required to execute and register a lease at your cost and pay a sum of Rs. 30=00 being the cost of a lease form and two plans. xviii) The tenancy is terminable on either side by 15 days' notice expiring with the end of an English Calendar month without payment of any compensation whatsoever, provided that such option of termination shall not be exercised by you at any time prior to expiry of six months from the date of grant of tenancy. Furthermore, if you fail or neglect to fulfill the stipulation stated hereinbefore, then and in such event you shall have to pay compensation to the Trustees which is equivalent to six months' rent. Please accept the terms and conditions and remit to this office the sum of Rs. 1,49,508.00 Rs. 1,49,508.00 and Rs. 30=00 towards Security Deposit, Additional Security Deposit and cost of Lease Form and Plans in favor of Calcutta Port Trust so that arrangement may be made to hand over possession of the said godown. If no acceptance is received within 15 (fifteen) days from the date of this letter, it will be presumed that you are not interested in the tenancy of the above godown and offer will automatically stand cancelled. 2. On receipt of the offer letters, the petitioner addressed a letter dated July 13, 1992 to the Land Manager of the KPT conveying its willingness to remit payment of security deposit, additional security deposit and cost of lease forms and plan etc in respect of the said godowns. It was further conveyed that on an inspection of the said godowns it was noticed that the roof, floors and the gates thereof were damaged/broken. It was also noticed that unauthorized parking of vehicles in and around the said godowns as well as squatting by unlawful occupants had crowded the passage for loading and unloading of goods in front thereof. Apprehension was expressed that such crowding was likely to prevent free ingress and egress of the goods vehicles. Accordingly, a request was made for thorough repairing of the roof and the floors of the said godowns and to either replace or repair the gates to make it functional. Request was also made to remove the unauthorized assembly of outsiders, anti -socials and criminals and to prevent them from parking vehicles on the passage in front of the said godowns, thereby clearing the way for free ingress and egress of vehicles for loading and unloading purpose. 3. By a further letter dated September 29, 1992, the petitioner communicated to the Land Manager that the requests contained in its earlier letter dated July 13, 1992 had not yet been attended to. The letter referred to an assurance given to the petitioner that the concerned engineering department would be deputed to get the works in question done soon and further that such work could start only after the Pujas. Accordingly, it was conveyed that as soon as the works are performed after the Pujas thereby making the said godowns ready for possession, the requisite deposits would be made and possession thereof taken forthwith.
(3.) A subsequent letter dated December 29, 1992 of the petitioner conveyed to the Land Manager that they were enclosing Kishan Vikash Patra worth Rs. 5,42,200/ - on account of additional security in respect of the said godowns, which was requested to be acknowledged. On receiving the receipts for deposit of Rs. 5,42,200/ - the petitioner noticed certain discrepancies, which were brought to the notice of the concerned officer of the KPT by a letter dated January 12, 1993 for effecting necessary correction.;