- (1.) The Defendant No.1 was a lessee under the plaintiff by virtue of an Indenture of Lease dated January 12, 1961, in respect of the south-western section of the second floor of the premises No.10, Bentinck Street, Calcutta, for a period of 21 years at a rent of Rs. 815 per month. One of the restrictive clauses in the said lease provided that the defendant would not be able "to sign the lease, transfer, sublet, or underlet in any from whatsoever the demises or any part thereof without the lessor's previous consent in writing".
(2.) In 1961, the plaintiff gave consent to the Defendant No.1 to sublet a portion of the demised premises to Messrs Edward Keventers (Successors) Private Ltd. subject to the condition that at the expiration or sooner determination of the said lease the Defendant No. 1 would remain bound to give back possession of the suit premises to the plaintiff free of such occupant, namely, Messrs Edward Keventers (Successors) Private Ltd.
(3.) The plaintiff contends that on July 4, 1963, the Defendant No. 1 shifted its office to No. 1, Netaji Subhas Road, First floor, Calcutta, and sometimes prior to that date the Defendant No. 1 wrongfully transferred the residue of the suit premises, besides the portion sublet as aforesaid to Messrs Edward Keventers (Successors) Private Ltd., in favour of two companies by the names of Patiala Biscuit Manufacturers Private Ltd. and South East Asia Industries Private Ltd. Thereupon the plaintiff caused a notice to be served upon the Defendant No. 1 on November 28, 1963, determining the said lease and calling upon the Defendant No. 1 "to make over vacant possession of the suit premises to the plaintiff immediately upon the expiry of the 31st day of December, 1963".;