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1967 Supreme(Pat) 71

N.L.UNTWALIA, U.N.SINHA, R.L.NARASIMHAM
Bokaro And Ramgur Ltd. – Appellant
Versus
Prasun Kumar Banerjee – Respondent


Judgment

N.L.Untwalia, J.

1. Dr. T. N. Banerjee, Chairman, Banerjee Trust, leased out a portion of a house, situated within the limits of Patna Municipal Corporation near the Gandhi Maidan, to a Company known as Bokaro and Ramgur Ltd. by a written agreement dated the 13th September, 1960. Under the terms of the lease the company had agreed that on its failure to pay rent for two consecutive months to the lessor, it would be liable to be evicted from the demised premises. The rent which was fixed by way of consolidated charges was to be paid by the company to the lessor by the 7th day of each month. According to the case of the lessor, the lessee failed to pay the rent for the months of June, July. August and September, 1961, in spite of repeated demands and so the former served a notice dated the 11th of September, 1961 on the latter terminating the lease and requesting it to vacate the house forthwith or latest by the 30th of September, 1961. Disputes arose between the parties in connection with the matter aforesaid, and they agreed to refer them to arbitration in accordance with the arbitration agreement incorporated in the deed of lease. Eventually, Shri Ayodhya Pd. Sinha, a reti


































































































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