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1972 Supreme(Cal) 184

SABYASACHI MUKHARJEE, ARUN KUMAR MUKHERJEE, M.M.DUTT
SANJIB KUMAR MUKHERJEE – Appellant
Versus
NATHUMAL RAMPURIA – Respondent


Advocates Appeared:
BIMAL BHUSAN CHATTERJI, MALAY BASU, PASHUPATI NATH CHANDRA, Sachindra Chandra Das Gupta

( 1 ) THESE appeals make a group of together six appeals* involving more or less the same questions. They were referred to a Special Division Bench under Rule 1, sub-rule (ii) of Chap. II of the Appellate Side Rules by a Bench constituting the late D. N. Sinha, C. J. and myself on June 19, 1968. The reference was made on the ground that they raise one or two common questions of law which are of great public importance. The Hon'ble Chief Justice, thereafter, constituted the present Special Bench to dispose of these appeals. Since we have to dispose of the entire appeals we shall have to deal with them separately resolving the questions of law as they arise. This is what we propose to do as hereunder: appeal NO. 550 OF 1662. The original defendant, Satish Chandra Mukherjee was a tenant under the plaintiffs in respect of a shop-room on the ground floor of premises No. 8a, Lal Bazar Street, Calcutta, at a monthly rental of Rs. 30. 94 payable according to the English calendar month. The entire premises at 8a, Lal Bazar Street, Calcutta, was transfer to the plaintiffs, by Smt. Sushila Debi Rampuria and Sri Joychand Lal Rampuria who were the liquidators of Rampuria Properties Ltd. , by a

















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