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1990 Supreme(SC) 495

P.B.SAWANT, S.C.AGRAWAL, A.M.AHMADI
Shanti Prasad Agarwalla – Appellant
Versus
Union Of India – Respondent


ORDER :—The petitioners are the owners of premises No. 31, Shakespeare Sarani, Calcutta, which is in the occupation of the Consulate General of USSR as a tenant. It was leased on 14th December, 1957 for a period of 23 years on a rent of Rs. 8,000/- per month. The period of 23 years was to expire on 14th January, 1981. Before the expiry of the said period, the petitioners served a notice dated 6th July, 1980 intimating the Consulate General that they did not intend to extend the lease any further and demanded possession of the premises. As the possession was not delivered, they desired to sue for eviction and sought the consent of the Central Government to do so as required by S. 86 of the Code of Civil Procedure. The requisition for consent was sent to the Central Government on 5th December, 1980. As no reply was received thereto within a reasonable time, the petitioners filed a Writ Petition in the High Court of Calcutta for a mandamus to command the Central Government to take a decision on their application for consent. In the said Writ Petition, the High Court passed an order on 21st January, 1982 directing the Central Government to dispose of the application in accordance with













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