Satyabrata Sinha, J. - (1.) These two appeals, involving common questions of fact and law arise out of a common judgment dated 29th June, 1983 passed by Sri D.K. Panda, learned Subordinate Judge, 4th Court, Alipore whereby and whereunder the said learned court decreed Title Suit No. 26/80 filed by the plaintiff-respondent and dismissed Title Suit No.72/81 filed by the appellant herein.
(2.) The basic fact of the matter is not in dispute. A deed of lease was executed by one Property Development Trust (P) Ltd. (predecessor-in-interest of the Respondent No.1') in favour of the appellant on 23.3.1956 for a period of 25 years with effect from 1.2.1955 in respect of Flat No.2 on the first floor and one garage No.19 on the ground floor at No.5 Lansdown Road, Calcutta in consideration of payment of Rs. 45,000/- as Selami and on a monthly rent of Rs. 225/-.
(3.) The relevant clauses of the said deed of lease dated 23rd March, 1956 are as follows : "Clause 1...... on the payment of rent and charges and the observance and performance of the covenants and stipulations herein contained on the part of the lessee to be observed and performed....." "Clause 2(4). Not to assign or sublet any portion of the demised premises without the lessor's previous consent in writing. Such consent, however, not to be unreasonably withheld." "clause 2(10). Upon the expiry of the said period forthwith to deliver up possession of the said flat to the lessor without any objection or obstruction and in default to pay mesne profit for the lessee's continued occupation on the basis of the rent prevalent at the time in respect of the premises of the same standard and in the same locality, the lessee shall have the first option of renewal of the lease after the first period of 25 years is over." "Clause 5. ... Should, however, thereby any variation in the municipal taxes after the commencement of the lease, the increase or decease in the occupiers' share only of the municipal taxes will be a liability on the lessee." ;