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1998 Supreme(Cal) 158

TARUN CHATTERJEE, D.K.JAIN
Mira Chatterjee – Appellant
Versus
Sunil Kumar Chatterjee – Respondent


Advocates Appeared:
Kanon Kr. Ghosh and Mrs. Sanghamitra Nandi, for Appellant; Santanu Mukherjee, for Respondent.

Judgement

CHATTERJEE, J. :- The premises No. 5A, Beltala Road, P.S. Bhowanipore (hereinafter referred to as "the premises") originally belonged to one Aswini Kr. Bandyopadhyay, the maternal grant father of Sushil Kr. Chatterjee (since deceased). The said Aswini Kr. Bandyopadhyay had no male issue. Sushil Kr. Chatterjee was brought up under the care of the said Aswini Kr. Bandyopadhyay in his family from boyhood. Aswini Kr. Bandyopadhyay, during his life time, made a Kill dated 16th June, 1946 which was probated in the year 1949 and by that Kill Aswini Kumar Bandyopadhyay bequeated the entire ground floor of the said premises to the said Sushil Kr. Chatterjee, the husband of Mira Chatterjee who is the appellant before us. The said Sushil Kr. Chatterjee died on 21st December, 1970. During his life time, Sushil had allowed one of his brother viz. Sunil Kr. Chatterjee, the respondent in this appeal to reside in two rooms on the ground floor of the said premises as a licencee under him some time from 1963. After the death of Sushil, the present appellant, the widow of Sushil Kr. Chatterjee allowed the respondent to reside in the said premises as the licencee under her. But due to misbeha


















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