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1959 Supreme(Cal) 239

SINHA
PROTAP PROPERTIES PRIVATE LTD. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
APURBADHAN MUKHERJI, Arun Kumar Dutt, B.N.Banerjee, J.Majumdar, Nanda Lal Pal, SOMENDRA C.BOSE, SUSHIL KUMAR BISWAS

SINHA, J.

( 1 ) THIS application relates to the granting of a license and to the renewal thereof, of a cinema house known as the "ashok Cinema" situated in Howrah. This cinema has been a fruitful source of litigation between the parties and from time to time there have been rival claims in respect of its ownership and occupation. In this application we are not concerned with a detailed consideration of such litigation. It is sufficient to state the brief facts. The petitioner, Protap Properties Private Ltd. , is the landlord of the house in which the cinema is situated. One Durga Pada Mukherjee was his tenant. He was carrying on a cinema business therein known as the "ashok Cinema". A license for that cinema was originally issued in the name of Durga Pada Mukherjee, for the year 1950 and it was renewed annually from 1951 to 1955. It appears that Sri Mukherjee entered into a partnership in 1955 and the partnership was later converted into a Private Limited Co. In 1956, a license was issued in the name of Hiralal Sanyal and this again gave rise to litigation, including a number of suits. In the year 1957, a number of applications were received, namely, by Hiralal Sanyal, Bachhram Ch









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