JUDGMENT

Page, J. - In this suit the plaintiff claims specific performance of an alleged agreement to lease certain premises known as No. 7, Bowbazar Street, Calcutta, and, in the alternative, damages for breach of the said agreement.

2. It appears from the evidence that on the 19th November 1921 an interview took place between the plaintiff and the first defendant, who was then the owner of the said premises, as the result of which the terms of the alleged agreement to lease the said premises were embodied in the following, two letters:

                                             Calcutta, 19-11-1921,                                                  No. 7, Bowbazar Street.

3. Babu Haridas Mallick, of 46, Hidaram Banerji Lane.

4. Dear Sir,

5. I do hereby agree to take by our personal settlement your house and premises No. 7, Bowbazar Street on a lease for 21 years under following terms:

(1) Four thousand rupees salami.

(2) Rent Rs. 400 per month.

(3) Both taxes, owner and occupier, should be paid by me.

(4) Thorough repair will be done every five years.

(5) The period of lease will be settled from 1st of December 1921.