Vinod Kumar Gupta, J. - (1.) -This is the defendant's appeal in a suit filed by the plaintiff respondent for recovery of money on account of the claim for damage allegedly suffered by the plaintiff respondent owing to the occupation of the premises by the defendant. The facts are that the appellant was the tenant of the respondent in respect of five floors of a building situated at No. 13, Camac Street, Calcutta. The tenancy started in the year 1964 or thereabout and it was on 30th November, 1970 the appellant vacated the entire premises because of shifting to its own location. There is no dispute between the parties with respect to the tenancy as such or on the question of vacation of the premises by the appellant. The dispute arose on account of the claim of the respondent with respect to some damage that the respondent said was caused in the property by the appellant. The respondent accordingly filed a suit against the appellant for claiming damages on account of the following heads : (1) Compensation for damage to the property; (2) compensation for non-use of the building for about 3 months for effecting repairs to the damaged portion of the property; (3) amount of the increased share of the occupier for the Corporation tax; and (4) interest.
(2.) Buy the judgment under appeal the learned Single Judge decreed the suit in favour of the respondent and awarded claims in its favour upon all the aforesaid four heads of claim.
(3.) The following five issues were framed for trial by the learned Single Judge: 1. Has the defendant caused any damages to the tenanted premises at 13, Camac Street, Calcutta. If so, what is the extent of the damages? 2. Is the plaintiff entitled to recover a sum of Rs. 1,29,469.50 A/c. of the alleged damages made by the defendant in the defendant's tenanted premises? 3. Is the plaintiff entitled to realise increased proportionate Corporation rates and taxes amounting to Rs. 15,994.10?;