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2008 Supreme(SC) 848

TARUN CHATTERJEE
M/s. K. B. Saha & Sons Pvt. Ltd. – Appellant
Versus
M/s. Development Consultant Ltd. – Respondent


JUDGMENT

Tarun Chatterjee, J. —

1. These two appeals are directed against the common final judgment and order dated 18th of May, 2001 of the High Court of Calcutta passed in F.A. Nos. 39-40 of 1999 affirming the judgment and decree dated 11th of November, 1998 passed by the Asstt. District Judge, 9th Court at Alipore, South 24 Parganas whereby the two suits namely, Title Suit No 19/92 and 39/92 filed at the instance of the appellant were dismissed.

2. The facts leading to the filing of these two appeals are narrated in a nutshell as follows :

M/s. K.B. Saha & Sons Pvt. Ltd. (in short “the appellant”) brought Title Suit No. 19/92 before the 9th Court of the Asstt. District Judge, Alipore, South 24 Parganas against M/s. Development Consultants Ltd. (in short “the respondent”) alleging, inter alia, that the appellant was the owner of Premises No. 28/8, Gariahat Road, within Police Station Lake in the district of South 24 Parganas (hereinafter called “the suit property”). By a memorandum dated 30th of March, 1976, the respondent became a tenant in respect of a flat, as fully described in Schedule-A of the plaint, in the suit property (hereinafter called “the suit premises”) for the res











































































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