( 1 ) THIS suit is instituted by the plaintiff Sm. Sailabala Dassee as executrix to the estate of Kali Pado Barick deceased for recovery of possession of the premises 122/3a and 122/4a Upper Circular Road, Calcutta, mense profits from the 21st December, 1945, until delivery of possession at Rs. 7/- per day and interest and costs.

( 2 ) I shall have to state the facts of the case in some details. There is not much dispute as to those facts, but the real dispute between the parties is as to the effect of those facts on their legal position. By an agreement dated 23rd September, 1940, the plaintiff let out to the defendant premises No. 122/3a, Upper Circular Road, for 12 months at a rent of Rs. 97/-per month. The said agreement inter alia provided that if the rent is paid on the first day of each succeeding month then the defendant would be entitled to get a rebate at the rate of Rs. 7/- per month. On the 3lst March, 1942, there was another agreement under which the plaintiff let out to the defendant the premises No. 122/4a, Upper Circular Road, Calcutta, for six months at a monthly rent of Rs. 60/- per month. There was also a clause in the said agreement for grant of