DEBANGSU BASAK, J. - (1.) THE continued occupation of Premises No. 67/45 -B, Strand Road, Kolkata by the defendants gave rise to the instant suit.
(2.) THE owner of the premises was Kolkata Port Trust. Lalita Sadhukhan was the tenant of Kolkata Port Trust. The original plaintiff took lease of the said premises form Lalita Sadhukhan. The original plaintiff gave sub -lease of the said premises to the Defendant No. 6 by a deed of sub -lease dated December 16, 1965 on and from February 9, 1965. The Defendant No. 6 was a partnership firm of which Lakshan, Ram, Bharat, Manick, Ratan and Mangal Chandra Sadhukhan were the owners. The sub -lease was in respect of Plot No. 161A, Premises No. 67/45 B, Stand Road, Kolkata. The sub -lease was for a period of 10 years commencing on and from June 29, 1964 at a monthly rent of Rs. 75/ - be paid on or before the 7th day of each succeeding Bengali Calendar month inclusive of all rates and taxes. The deed provided that, in the event the sub -lessees did not deliver peaceful and vacant possession of the demised premises on the expiry or sooner determination of the lease, the sub -lessees would be liable to pay damages at the rate of Rs. 12.50 for each day until the sub -lessees were evicted in due course of law.
(3.) BY a registered memorandum of agreement dated December 16, 1965 entered into between the same parties it was recorded that, the Defendant No. 6 was carrying on business at the demised premises and that, in lieu of the rent as mentioned in the deed of sub -lease the plaintiff would receive 50% of the net -profit of the business of the Defendant No. 6.;