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2004 Supreme(SC) 122

P.VENKATARAMA REDDI, S.H.KAPADIA
Achintya Kumar Saha – Appellant
Versus
Nanee Printers – Respondent


JUDGMENT

Kapadia, J.-Ashok Kumar Bose (since deceased) was the owner of the premises No. 119/1A, Harish Mukherjee Road, Bhowanipore, Calcutta - 700 026. He died leaving behind him his wife Smt. Madhuri Bose, (since deceased), Shri Ajoy Kumar Bose (son) and a daughter. Ashok Kumar Bose left a Will dated 1st March, 1974 bequeathing all his properties to his widow Smt. Madhuri Bose for the period of her natural life, but with no right to alienate the property and thereafter to his son Ajoy Kumar Bose (respondent No.4 herein). On 5th July, 1976 Smt. Madhuri Bose executed an agreement of licence for 11 years in favour of M/s Nanee Printers, a proprietary firm carried on by one Ranaji Ganguly (respondent Nos. 1 and 2 herein). On 10th October, 1980, the appellant herein bought the entire property No. 119/1A including the suit premises consisting of a Printing Press in a Katcha shed from Ajoy Kumar Bose (respondent No.4) to which the deceased Smt. Madhuri Bose was a confirming party. On 7th July, 1981, the present appellant filed a Title Suit for eviction against respondent Nos. 1 and 2 herein and sought possession of the suit premises. In the Title Suit, a declaration was sought to the ef


























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