G.K.MITTER
MOHAN CHAND – Appellant
Versus
MANINDRA NATH – Respondent
( 1 ) THIS is a suit for specific performance of an agreement in writing dated 22-7-1953 executed by the defendant, for possession of a shop room, for compensation in addition to specific performance and for other reliefs. .
( 2 ) THE defendant is a monthly tenant of a shop room in premises No. 2 Lal Bazar Street, Calcutta paying rent of Rs. 110/- per month. He sublet a portion of this shop room to a firm known as National Marble Company at Rs. 60/- per month. By the agreement in suit, the defendant agreed to sublet the whole of the shop room to the plaintiff including the portion occupied by National Marble Company in consideration of Rs. 7,000/- to be paid by the plaintiff to him besides a sum of Rs. 110/- by way of monthly rent. The document provides that the plaintiff is to have no liability for taxes or any charges in respect of the holding. The important clauses of the document wherein the plaintiff is described as the first party and the defendant as the second party are as follows:1. The second party has already sublet a portion of his tenanted room to Trilok Nath Vaish C/o. National Marble Company and shall sublet the entire room including the said porti
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