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1979 Supreme(Cal) 183

A.K.JANAH, S.K.DATTA, SABYASACHI MUKHARJEE, SANKAR PRASAD MITRA, S.C.GHOSH
SITA AGARWALLA – Appellant
Versus
HARRIMALLY CURRIMBHAI LALJI SAJAN – Respondent


Advocates Appeared:
Asoke Kumar Sen Gupta, GOBINDA CHANDRA PAL, MANINDRA NATH GHOSH, Rabindra Nath Mitra

SANKAR PRASAD MITRA, C. J.

( 1 ) ON September 14, 1914, the lease in, respect of the suit land (13 Bighas 8 Cot-tas and 13 Sq. Ft.) was executed by the predecessor-in-interest of the parties for a period of 15 years commencing from the 1st Ashar, 1321 B. S. with option for renewal for another 10 years.

( 2 ) ON May 28, 1940, the appellant filed a suit for ejectment after expiry of the original term and the renewed term and for recovery of arrears of rent and mesne profits in the appropriate Court.

( 3 ) ON the 30th May, 1940 the Bengal Non-Agricultural Tenancy (Temporary Provisions) Act IX of 1940 came into force.

( 4 ) ON March 28, 1941, the trial court dismissed the plaintiff's claim for ejectment but only granted a decree for rents.

( 5 ) THE plaintiff preferred an appeal. This was T. A. No. 210 of 1941 in the Subordinate Judge's Court at Alipore. On the 12th January, 1942, the Second Additional Subordinate Judge, Alipore, allowed the appeal granting a decree for ejectment and confirming the decree for rents and mesne profits which the trial court had passed.

( 6 ) ON the 6th March, 1942, Gangjee Sajun and Co. the lessee under the said lease preferred a second appeal to th








































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