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1976 Supreme(Cal) 260

S.K.BHATTACHARYYA, A.K.JANAH
Universal Trading Co. – Appellant
Versus
Prafulla Kumar Sarkar – Respondent


Advocates Appeared:
R.P. Bagchi, N.C. Chakravarty and Bhuban Mohan Saha, for Appellant; Ranjit Kr. Banerjee, Bidyut Kr. Banerjee and Mrinal Kanti Das, for Respondents.

Judgement

JANAH, J.:- These two appeals arise out of two suits for ejectment which were instituted by the respondents against the appellant for the latters eviction from two tenancies at No. 72, Baithakhana Road. The plaintiff-respondents alleged that the defendant-appellant held one residential tenancy in respect of 3 rooms at 72, Baithakhana Road under the plaintiffs at a rental of Rs. 21/- per month according to Bengali calendar. The defendant appellant also held another tenancy under the plaintiff-respondents at the aforesaid premises No. 72, Baithakhana Road in respect of a shop room at a rental of Rs. 32/- per month according to Bengali calendar. Ejectment suit No. 44 out of which F. A. 1101 arises was instituted in respect of the residential tenancy and Ejectment Suit No. 45 out of which F. A. 1102 arises was instituted in respect of the shop room. It was alleged that the plaintiffs had purchased the structure at 72, Baithakhane Road in which the disputed tenancies were situate, from the heirs of the original owner, late Gendu Khan, who was a thika tenant in respect of the land on which the said structure stood, by a kobala dated August 10, 1964. It was further alleged that a














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