Hazra, J. - (1.) The appellant, Metal Press Works Limited (hereinafter referred to as the tenant) has filed this appeal on July 25, 1966 from the decree dated June 9, 1966 passed by A. N. Ray, J. in favour of the respondent J. K. & Sons (hereinafter referred to as the landlord) in a suit for possession of portion of premises No. 165, Lower Chitpur Road, Calcutta (hereinafter referred to as the premises) and for mesne profits. The facts and circumstances relating to this appeal are briefly as follows :
(2.) In August 1959, by an agreement in writing the landlord agreed to let out the premises from Aug. 1, 1959 to the tenant at a total monthly rent of Rs. 900/-inclusive of owners' and occupiers' share of muncipal taxes, but exclusive of electric light and fan charges which the tenant agreed to bear. The agreement provided that the tenant shall pay to the landlord the total rent of Rs. 900/- within 15th day of each and every calendar month for the month immediately preceding. By the agreement, the tenant declares that should the tenant at any time fail to pay rent for two consecutive months or make any breach of any of the terms mentioned in the agreement the landlord would be at liberty to eject the tenant. Pursuant to the agreement the tenant went into occupation of the premises as such monthly tenant from Aug. 1, 1959. On June 10, 1962, the tenancy was terminated on behalf of the landlord by a notice to quit on the expiry of the last day of July 1962. It is stated in the notice that the tenant has failed to pay rent and other charges from Jan. 1962. On Sept. 22, 1962, the landlord filed the suit against the tenant on the ground that the tenant has failed and neglected in spite of demands to pay rents for the months of Jan. 1962, Feb. 1962, March 1962, April 1962 and May 1962 or any portion of such rent. The claim of arrears of rent in the suit was for Rs. 4, 500/-. In the plaint, the mesne profit was claimed at the rate of Rs. 70/- per day from July 1, 1962 as the tenant was in wrongful occupation.
(3.) Written statement was filed by the tenant on March 5, 1963. The tenant admitted the tenancy agreement, but stated that the rate of rent was Rs. 740/-per month. With regard to the agreement in writing the tenant stated that the agreement was not registered and as such inadmissible.;