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1975 Supreme(Cal) 296

R.BHATTACHARYYA
MANICK LAL SEAL – Appellant
Versus
K. P. CHOWDHURY – Respondent


Advocates Appeared:
A.PAL, CHANCHAL KUMAR SAHA, G.MITRA, J.M.DE, PARIMAL KUMAR DAS GUPTA, S.K.LAHRI

R. BHATTACHARYA, J.

( 1 ) THE defendants are the appellants before this Court. The plaintiff's suit was dismissed in the Court of the Munsif but in appeal in the Court of the Additional District Judge, 24-Parganas, the plaintiff K. P. Chowdhury was successful and his suit was decreed.

( 2 ) THE plaintiff started the action against the two defendants, Maniklal Seal, the defendant No. 1 and his son Nemai Chand Seal, the defendant No. 2 for specific performance of an agreement for execution of a lease for 21 years by the defendant No. 2 in respect of the suit premises being a portion on the ground floor in the premises No. 2-B. Palit Street, Calcutta. To be very brief, the plaintiff's case in the plaint is that he was a sub-tenant under one Hemendra Nath Chowdhury, a tenant under the defendant No. 1, Manik and served a notice under Section 16 (2) of the West Bengal Premises Tenancy Act, 1956 upon Manik for being recorded as a direct tenant and that it was agreed by and between the parties that (i) the plaintiff would be a direct tenant under the defendant No. 2, (ii) the defendant No. 2 would execute a lease for 21 years relating to the suit premises with effect from 1st August, 195









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