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1994 Supreme(SC) 557

K.RAMASWAMY, M.N.VENKATACHALIAH
United Bank Of India – Appellant
Versus
Cooks And Kelvey Properties (P) LTD. – Respondent


Advocates:
Altaf Ahmed, MRIDULA RAY BHARDVAJ, Rakhi Varma, S.BHARADVAJ, S.Ray, SOLI J.SORABJI, VIVEK GAMBHIR

JUDGMENT

 The respondent filed a suit, O.S. No. 840/79 on the original side of Calcutta High Court for ejectment of the appellant from 4th floor of premises No. 20, Old Court House Street, Calcutta on diverse grounds under the West Bengal Premises Tenancy Act, 1956, for short the Tenancy Act. That suit was dismissed by a learned single Judge but on appeal, Appeal No. 309 of 1984 (or 1989-Ed.) filed by the respondent before the Division Bench, was allowed, judgment and decree of learned single Judge set aside, and the suit was decreed on the ground of subletting under Section 13(1)(a) of the Tenancy Act. Thus, this appeal by special leave from appellate judgment and decree dated October 4, 1991.

2. The respondents case is, that the appellant after taking demised premises on rent of Rs. 2,250/- per mensum, has inducted the United Bank of India Employees Association Central Committee, a registered trade union into the demised premises and allowed it to have its exclusive possession and use of the same for its trade union activities without its (landlords) written consent and that thereby it has contravened Section 13(1)(a) of the Tenancy Act. The Division Bench upheld that case finding

















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