- (1.) This appeal arises out of a judgment and decree dated 26th June, 2007 passed by the Learned Judge, Bench-VII, City Civil Court, Calcutta in Money Suit No.104 of 2001.
(2.) The appellant herein preferred a suit for recovery of a sum of Rs.3,36,384/- being Money Suit No.104 of 2001 stating inter alia that by a lease deed dated July 27, 1983, the appellant let out to the respondent one office block measuring about 2245 square feet on the 2nd floor at premises 19 R.N. Mukherjeee Road, Calcutta- 700 001 (hereinafter referred as the said premises) for a period of five years with effect from November 01, 1982 at a monthly rate of Rs.15,715/- with an option for renewal for a further period of five years and that after the lapse of the said term of five years and the period of option for renewal for a further period of 5 years, a fresh lease of deed dated May 19, 1993, in respect of the said premises, was executed by the appellant in favour of respondent herein. It was further averred that with effect from April 01, 1984, the Calcutta Municipal Corporation (hereinafter referred to as CMC) imposed a surcharge at the rate of 50% of the consolidated rate towards user of the premises for commercial and/or non-residential purpose and that such surcharge is payable only by the person putting the premises to non-commercial use. The appellant demanded the said surcharge, as quantified by a certificate of allocation issued by CMC on 3rd May, 2000 from the respondent herein by letter dated July 20, 2000 and that even after the receipt of the said letter and a further reminder dated September 19, 2000, the respondent did not exhibit any inclination to pay the said quantified amount of Rs.3,36,384/-. The appellant, therefore preferred the suit for recovery of the said sum.
(3.) The respondent entered appearance in the said suit and filed a written statement controverting the allegations made in the plaint and stating inter alia that by an agreement dated July 10, 1993, Hanuman Estates Limited, the superior Lessor had let out the said premises to the appellant on lease confering a right upon the said appellant to assign and or sub-let its lease hold interest in the said premises without any consent from the superior Lessor and that on the rudiments of such right, the appellant in the capacity of a Lessor inducted the respondent as a lessee in the said premises for a period of 10 years, commencing from 1st October, 1992, by a deed of lease dated May 19, 1993. It was further averred that prior to the said agreement dated 1st October, 1992, the appellant and the respondent herein also entered into an agreement dated July 27, 1983, for a period of ten years, which expired on 31st September, 1992.;