SRIRAM RAYONS Vs. ASHOK NAIN

JUDGEMENT

(1.) This first appeal is at the instance of the defendant No. 1 in a suit for specific performance of contract and mandatory injunction and is directed against the preliminary decree dated 27th April, 2001 passed by the learned Civil Judge, Senior Division, 6th Court, Alipore, District- South 24-Parganas in Title Suit No. 85 of 1995 thereby granting a decree of specific performance of contract for appointment of Government valuer by both sides for fixation of rate of rent and payment of the same. The parties were directed to appoint a Government valuer each, within two months from that date and if any one of the parties failed or neglected to appoint such Government valuer, the report of the other side would be accepted by the Court by virtue of the said decree. The appellants were directed to deposit Rs.6,000/- per month provisionally before the Court from May, 2001.

(2.) There is no dispute that the appellant was a tenant under the plaintiff in respect of a Godown, the tenancy being governed by the provisions contained in West Bengal Premises Tenancy Act, 1956. The plaintiff-landlord had filed this suit for specific performance of agreement between the parties being Ext.- 1A, by which both the parties agreed that each of them would appoint a Government valuer for assessing the valuation of the Godown and for fixation of rent as per Government Rules.

(3.) According to the plaintiff, he had nominated a Government valuer but the defendant had not honoured that agreement, hence the suit.