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1951 Supreme(Cal) 86

BOSE
SARKAR AND BROTHERS (PROPERTIES) LTD. – Appellant
Versus
ANIL KUMAR DUTTA – Respondent


Advocates Appeared:
A.N.SEN, R.C.Deb, S.C.GHOSH, SUBIMAL C.ROY

BOSE, J.

( 1 ) THIS is an application under Article 226 of the Constitution for a Writ in the nature of Certiorari and for other Writs mentioned in the petition, for cancellation or quashing of certain orders passed by the Judge, 4th Bench of the Court of Small Causes, Calcutta, and by the Rent Controller, Calcutta, dated the 4th of August 1950 and 13th of January 1950 respectively and also for direction calling upon them and the other respondents to forbear from taking steps or from, executing or giving effect to the said orders.

( 2 ) ON the 13th of January 1948, the respondent No. 1, Anil Kumar Dutta became a lessee under Messrs. Sarkar and Bros, a firm, under an indenture of lease in respect of a shop room situated at premises No. 2, Maharshi Debendra Road, in Calcutta. Under a similar indenture of lease of the same date the respondent Girish Chandra Daw and Sons also became a lessee under the said Messrs. Sarkar and Bros, in respect of another shop room situated in the said premises. Both the leases were for a, period of 30 years commencing from 1-1-1949. Under the said leases the respondents 1 and 2 agreed to pay a sum of Rs. 2,500/- each on or before the execution of the l










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