TMI Blog1999 (8) TMI 1023X X X X Extracts X X X X X X X X Extracts X X X X ..... d of by this common judgment. 2. M/s. Sudera Enterprises Pvt. Ltd. (hereinafter referred to as 'Sudera') has filed a suit for eviction against Jute Corporation of India Ltd. (hereinafter referred to as the 'Jute Corporation') inter alia, on the ground of expiry of the period of lease dated 5th December, 1970. Admittedly, the said indenture of lease contained a renewal clause which is in the following terms :-- In case the Lessee shall be desirous of obtaining a renewed lease of the demised premises for a further period of ten years and of such desire shall give at least two months' previous notice in writing to the Lessor and shall have duly paid the rent and complied with the (sic) carried all the covenants and conditio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r-conditioning services in the suit premises. We are not concerned with the fifth application herein which was filed by Jute Corporation for extension of time for filing written statement. 5. The learned trial Judge by reason of the impugned order rejected the application of Jute Corporation for leave to deposit as also the application to restore essential supply of air-conditioning. The learned trial Judge also rejected Sudera's application for appointment of a valuer for fixing the quantum of rent. Both the parties, therefore, had preferred these appeals against the aforementioned orders. 6. Keeping in view the stand taken by Sudera before the learned trial Judge it now does not lie in its mouth to contend that he is entitled to a dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. It was, therefore, urged by Mr. Sen that the Court should have proceeded to appoint a Valuer and thereby give a quietus to the controversy between the parties. 11. On the other hand, Mr. Anindya Mitra, the learned senior counsel appearing on behalf of the Jute Corporation contended that the issue as to the quantum of rent is a matter to be decided upon evidence that may be adduced by the parties in the light of the agreement of lease executed on the basis whereof renewal of the lease has been prayed for and the surrounding circumstances including the subsequent agreements entered into between the parties with respect to the electricity and air-conditioning charges, and the mode and method for enhancement thereof. In short it was the subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 7 of the Code of Civil Procedure or Order 26, Rule 9 thereof. 15. In State of Bihar v. Rani Sonabati Kumari reported in [1961]1SCR728 , the Apex Court, inter alia, held that a Commissioner cannot be appointed for the purpose of seizure of documents. For the purpose of collection of evidence on behalf of the parties also no commissioner can be appointed. 16. In re. P. Moosa Kutty reported in [1953]23ITR349(Mad) , and Sasanka Sekhar v. Dinanath Goraia reported in AIR1952Pat271 , it has been held that adjudication on the basis of evidence adduced by the parties is a judicial function and such judicial function cannot be delegated in terms of Order 26, Rule 9 or Order 37, Rule 7 of the Code of Civil Procedure. 17. So far as the second que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt rates of air-conditioning charges from different tenants although all of them are occupying the same building. 19. From the affidavit-in-opposition filed on behalf of the Sudera it appears that National Insurance Company had been paying air-conditioning charges at the rate of 9.55 per sq.ft. with effect from October, 1997; whereas Export Credit Guarantee Corporation had been paying 7.14 per square feet with effect from April, 1997. 20. Keeping in view the facts and circumstances of this case, we are of the opinion that interest of justice will be sub served if on an ad hoc basis the Jute Corporation is directed to deposit the arrears of rent at the rate of Rs. 10 per square feet to be calculated from the date of expiry of the lease subje ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
