- (1.) The plaintiffs seek to recover arrears of rent from the defendant in this suit along with interest.
(2.) The plaintiffs are trustees of Chandmal Religious Trust. The plaintiffs being attracted by an advertisement for construction of godowns for the purpose of storage of foodgrains and fertilizers and grant of lease in respect thereof issued by the defendant, submitted quotations offering their land at Alamgunj, Burdwan. The defendant accepted such offer. Two lease agreements were entered into between the Trust and the defendant one on November 12, 1976 and the other on June 4, 1979. The said Trust constructed eight several godowns and gave the same on lease to the defendant. The defendant took possession of such godowns.
(3.) Under the lease agreements the Trust was to pay the municipal taxes. The Bengal Municipal Act, 1932 underwent amendments subsequent to deeds of lease. By reason of such amendments the defendant became liable to pay 50 per cent of the municipal tax and 100 per cent of the surcharge. The defendant however contended that it was not liable to pay the municipal tax and surcharge in spite of such amendment to the Bengal Municipal Act, 1932. The then trustees of the Trust filed two writ petitioners before this Hon'ble Court. Both the writ petitions were disposed of by one judgment and order dated June 24, 1996. The then trustees filed two appeals F.M.A.T. No. 1977 of 1996 and F.M.A.T. No. 1978 of 1996. The appeals were disposed of by a judgment and order dated April 24, 1998. The Appeal Court held, inter alia, that the defendant was liable to pay the occupier's share of the taxes and surcharges. According to the plaintiffs, in terms of the judgment and order dated April 24, 1998 they are entitled to recover a sum of Rs.27,77,866.20p. along with interest from the defendant.;