- (1.) The plaintiff seeks a money decree against the defendant. The plaintiff claims that it demised centrally air-conditioned second, third, and fourth floor of premises No. 1, Shakespeare Sarani, Kolkata containing a floor area of about 55,000 square feet and non airconditioned guest house on the ninth floor containing of about 5,000 square feet for a term of 21 years commencing from the date when the said floors are handed over the defendant.
(2.) The plaintiff claims that, a supplementary agreement duly registered dated September 12, 1961/1969 modified the terms and conditions of the earlier registered deed of lease dated November 21, 1968. The plaintiff claims that, it made over possession of the second and third floor on September 12, 1969 and possession of the fourth floor on December 18, 1969 to the defendant. According to the plaintiff, the defendant failed and neglected to take the guest house on the ninth floor. The plaintiff accepted such refusal without any claim for damages in that regard.
(3.) In paragraph 9 the plaintiff claims that, the defendant failed and neglected to join and co-operate with the plaintiff in finalization, execution and registration of an appropriate indenture of lease in respect of the second, third and the fourth floor of the said premises. According to the plaintiff, the defendant lent and advanced moneys to the plaintiff. Such moneys were recovered by the defendant in the manner laid down in the contract dated November 21, 1968 modified on September 12, 1969. The recovery by the defendant was completed in October 1987. By a letter dated October 19, 1990 the plaintiff called upon the defendant to make over possession of the second and third floor of the said premises as the agreed period of 21 years expired on September 11, 1990. The plaintiff also called upon the defendant to make over possession of the fourth floor on December 17, 1990. The plaintiff refers to the letter dated November 3, 1990 of the defendant and the contention made therein that, the defendant received possession on November 4, 1970 and, therefore, the period under the contract did not expire. By such letter dated November 3, 1990 the defendant gave notice to quit the three floors.;