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1955 Supreme(Cal) 109

R.P.MOOKERJEE, SARMA SARKAR
INDIA ELECTRIC WORKS LTD. – Appellant
Versus
B. S. MANTOSH – Respondent


Advocates Appeared:
Amiya Kumar Mookerjee, Apurbadhan Mukherjee, Mrinal Kumar Ghose, PRAMATHA NATH MITRA, Shib Krishna Dutta, TARUN KUMAR BANERJEE

SARKAR, J.

( 1 ) THESE five appeals arising out of the same judgment in three suits tried analogously have been heard together and this judgment will govern all of them. The facts out of which these appeals have arisen are not in dispute and may be briefly stated as follows:

( 2 ) PREMISES No. 25 South Road, Entally, Calcutta, belongs to one Nripendra Nath Deb who granted a lease of the same in favour of Messrs. F. S. Sehan and Co. along with a two storied building and some outhouses. This Company constructed a very big shed with iron framework; iron joists and angles, brackets and corrugated iron rooting on pucca brick walls for the purpose of a factory. They, however, sold the leasehold interest to one P. S. Mantosh who thereafter became the lessee of the premises under the owner. On 1-12-1927, Mantosh took fresh lease of the premises for a term of ten years, and this was evidenced by a registered lease, dated 16-3-1928 (Ex. 1 ). Before this, however, Mantosh had sublet the entire leasehold property together with the above mentioned factory shed to the India Electric Works Ltd. with effect from 1-10-1927, for a term of ten years, though no registered lease was executed. On 13-8-




























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