- (1.) This appeal is directed against the judgment and decree dated January 20, 2007 passed by the learned First Civil Judge (Senior Division), Alipore, in Title Suit No.56 of 2001. By virtue of the impugned judgment and decree, the respondent/plaintiff got a decree of declaration that the appellants/defendants were occupying 'A' schedule property as tenant and the respondent was entitled to realisation arrear of rent from the appellants to the tune of Rs.1,24,800/- for the period from December 1, 1994 to March 31, 1999 (52 months) at the rate of Rs.2,400/- per month in respect of one room (800 sq.ft.) as also amounting to Rs.1,91,400/- for the period from April 1, 1999 to August 31, 2001 (29 months) at the rate of Rs.6,600/- per month in respect of three rooms. The appellants were directed to pay the entire decretal amount within three months from the date of order, failing which the respondent would be at liberty to realise the amount together with interest at the rate of 8 per cent per annum till realisation by filing execution case in accordance with law.
(2.) The facts of this case are stated in a nutshell as under: The Officer-in-Charge of Basanti Police Station, District- South 24- Parganas, approached the respondent to let out one room of an area of 800 sq. ft. and the rate of rent was agreed at the rate of Rs.3/- per sq.ft. payable month by month from February 1, 1994. Subsequently, the above Officer-in-Charge of Basanti Police Station, District- South 24-Parganas further approached the respondent to let out other two rooms of the scheduled property with effect from April 17, 1999 and the total area became 2,200 sq.ft. consisting of three rooms.
(3.) The appellants since inception as tenant did not pay the aforesaid rents to the respondent. The respondent had issued a communication dated July 19, 2000 to the Officer-in-Charge, Basanti Police Station, District- South 24-Parganas, asking him to pay the aforesaid rents but the appellants did not pay any heed to the same. According to the respondent, the suit property had been badly damaged consequent upon an attack by the mob alleging inaction on the part of the police in a dacoity case of September 28, 2000 and the damage amount had been claimed to be Rs.1,00,000/- (Rupees one lakh) for the purpose of repairing the suit property but the appellants did not take any step for such repairing. According to the respondent, the above tenancy of the appellants was terminated by a notice to quit the suit property. A notice under Section 80 of the Code of Civil Procedure was also served upon the appellants by the respondent/plaintiff as the appellants failed to pay the rent in spite of service of aforesaid notice. The respondent/plaintiff filed the suit which gives rise to this appeal.;