- (1.) THE Judgment of the Court was as follows : The principal issue for consideration in the suit filed by the plaintiff is whether the plaintiff is entitled to maintain a suit for adjudication, determination and settlement of the monthly rent for the suit premises from 1st July, 1995 together with interest on the face of a demurrer as to its maintainability founded on Section 47 of the Code of Civil Procedure.
(2.) THE said objection as to the maintainability is on the basis that the suit involves questions relating to execution, discharge or satisfaction of a compromise decree passed in Ejectment Suit No. 197 of 1990 in which in Clause (iii) the defendant has agreed to review the rent after 5 years. All questions including the reluctance of the defendant to review the rent or a decision in purported exercise of such Clause (iii) according to the defendant could only be decided in an application for execution of the said compromise decree and not in a suit. In or about 1947 Commilla Banking Corporation was inducted as a tenant at the Ground floor of Premises No. 5, Kiran Shankar Roy Road, Kolkata - 700 001 (hereinafter referred to as the said office space) as a Lessee thereof. Commilla Banking Corporation was merged with the United Bank of India and subsequently United Bank of India became a tenant in respect of the said Office Space.
(3.) THE defendant is a tenant under the plaintiff in respect of about 4000 Sq. ft, in the ground floor of premises No.5, Kiran Shankar Roy Road, situated at the crossing of Kiran Shankar Roy Road and Old Post Office Street, presently paying rent of Rs. 4146.73 per month.;