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1979 Supreme(SC) 397

D.A.DESAI, R.S.SARKARIA
Biswabani Private LTD. – Appellant
Versus
Santosh Kumar Dutta – Respondent


Advocates:
A.K.SEN GUPTA, A.N.SINHA, D.MUKHERJI, D.N.MUKHERJI, L.N.Sinha, N.R.CHAUDHARY, P.K.MUKHERJI, RATHIN DAS

JUDGMENT

DESAI, J.:—Kalpana Theatre with its furnishings and fixtures situated at 61, Chintamoni Dey Road, Howrah, belonging to respondents 1 and 2 is the subject-matter of dispute between its landlords and tenant awaiting resolution for the last two decades. Under a registered lease deed dated 11th Sept. 1948, respondent 3 Kanti Bhusan Bose, took this Theatre on lease for a period of 5 years with effect from 1st September 1948. Respondent 3 is the Managing Director of the appellant Biswabani Pvt. Ltd. (company for short). It appears that during the period of lease respondents 1 and 2, the owners of the Theatre, accepted the appellant company as their tenant and in token of it accepted rent from the company at the rate of Rs.2,000 p.m. On the expiry of the period of 5 years disputes arose between the lessors and the lessee whereupon respondents 1 and 2 lessors commenced an action in ejectment against the company on 5th October 1953 in the Court of the First Subordinate Judge, Howrah. In August 1953 appellant company as lessee filed an application before the Rent Controller under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, for fixation of standard rent of





























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