Ajit Kumar Nayak, J. - (1.) These two appeals filed by the respective parties plaintiff and defendant arise out of and are directed against the judgment and decree dated 14th October, 1982 passed by Subordinate Judge, 9th Court, Alipore, 24-Parganas in suit No. 19 of 1979 of that Court.
(2.) The case of plaintiff-appellant company in brief was that on being approached by the defendant, West Bengal State Leather Industries Development Corporation Ltd. (hereinafter referred to as Corporation), a Government of West Bengal Undertaking, under the Cottage and Small Scale Industries Department, the plaintiff agreed to let out to the said defendant a fully electrified factory shed with all equipments, fixtures and fittings at premises No. 6, Pauladanua Road, Entally, Calcutta, belonging to the plaintiff, on terms and conditions mutually agreed upon and finalised between the parties and incorporated in the minutes dated 27.8.76, duly signed by the competent persons for and on behalf of the respective parties. The gist of some of the relevant terms and conditions incorporated in the said minutes dated 27.8.76 were that : 1. The tenancy will be governed by English Calendar month commencing from 1st Sept, 1976. 2. Maintenance of the shed, electric installations wirings etc. will be done by the tenant at its own costs. 3. Rent to be payable in advance by 15th day of the month for which it is due. 4. The rent as may be fixed by the First Land Acquisition Collector, Calcutta, shall be accepted as fair and reasonable. 5. Municipal Taxes to be paid equally by the parties. If due to additions and alterations made by the tenant Municipal taxes are increased tenant shall pay such increased taxes entirely.
(3.) The defendant company took possession in advance of such properties on 30.8 76 pursuant to such terms and conditions of the tenancy although the tenancy actually commenced on and from 1 9.76 and the defendant has been in possession of such properties since then as tenant under the plaintiff. Unfortunately according to the plaintiff-appellant, the defendant however failed and neglected to make payment either the share of the Municipal taxes or the rent payable by it since the inception of such tenancy in spite of the repeated requests and demands made on behalf of the plaintiff-appellant. As a result, the plaintiff had no other alternative but to pay the amount of Rs. 3659.19 p. as occupier's share of taxes from 1976-77 to lst Quarter 1979-80 which the defendant was liable to pay in it's share and which the plaintiff was entitled to recover by way of reimbursement. The defendant company having failed to take any step whatsoever to get the rent fixed by the First Land Acquisition Collector, Calcutta and to clear up the arrears of rent for a period of three years as called upon by the plaintiff by a demand letter dated 28.6.79 and having further failed either to reply or to make any payment in respect thereof, the plaintiff was compelled to bring the suit on 29.8.79 for recovery of arrears of rent as might be fixed by the First Land Acquisition Collector, Calcutta with interest at 12 per cent per annum thereon and also for recovery of this sum of Rs. 3,659.19 p. paid by the plaintiff appellant as occupier's share of tax payable by defendant. The plaintiff thereafter during the pendency of the suit amended the plaint on coming to know that rent in respect of the property mentioned In Schedule I of the plaint was fixed at Rs. 23417/- by the First Land Acquisition Collector, Calcutta and claimed as such a fixed sum of Rs. 843012/- for the period of three years in respect of Schedule I properties. But no rent was fixed by the First Land Acquisition Collector in respect of the property mentioned in Schedule II and therefore plaintiff's prayer for fixation of such rent in respect of such properties was yet to be determined by the said Collector in terms of agreement between the parties.;