ARINDAM SINHA, J. - (1.) THE appellant before us is the plaintiff in Money Suit no.34 of 1995 which was tried and decided by the Civil Judge, Senior Division, Asansol by his judgment dated 17th May, 2003. The plaintiff is the owner of premises being municipal holding no.32/57 situated in ward no.7 of Asansol Municipality, part of which remains occupied by an existing tenant, the defendant.
(2.) BY an agreement dated 19th February, 1994 which was tendered in evidence as exhibit 1, the defendant agreed with the plaintiff, inter alia, that: a) the said agreement would have effect from the date on which renovation work of the branch premises (the demise) as prepared by the defendant was completed by the plaintiff (clause 1); b) the rent of the demise would be at a lump sum rate of Rs.18,750/ - per month inclusive of all rates and taxes etc (clause 3); and c) the plaintiff shall arrange for supply of water to the demise at all times and if there is interruption in the supply of water, alternative arrangement for supply of water to the demise for use by the staff members of the defendant shall be made by the plaintiff at his cost (clause 21). At that time the tenant was paying rent of Rs.1325/- per month. It is the plaint case that the defendants knowing they had obtained full satisfaction in respect of construction (in terms of Clause 1 of the said agreement) as on September, 1994, are not paying the agreed enhanced rate of Rs.18,750/- per month. The plaintiff also alleged that earlier rents @ Rs.1325/- per month were in arrears for the months of July and August, 1994. Thus, the plaintiff claimed, inter alia, money decree and further payment of rent from the month of November, 1995 and subsequently.
(3.) THE defendants filed a written statement alleging that the said agreement was not binding upon them, renovation/repairing work had not been completed and, inter alia, that arrangement for tap water connection from Municipal Corporation had not been made and water reservoir had not been provided.;