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1984 Supreme(Cal) 264

A.K.SEN, SUDHIR RANJAN ROY
ADHISH CHANDRA – Appellant
Versus
HINDUSTHAN GAS AND INDUSTRIES LTD. – Respondent


Advocates Appeared:
AMITAVA GHOSH, AMIYA MUKHERJI, Ranjan Dutta, S.K.KAPOOR, SOMENATH CHATTERJI

ANIL K. SEN, J.

( 1 ) THIS revisional application at the instance of the plaintiff raises a short point as to whether the plaintiffs suit should be stayed pending an earlier suit brought by the defendant against the plaintiff. Such a stay had been granted by the learned Subordinate Judge, 2nd Court, Alipore, by an order dated Nov. 19, 1983, passed in Title Suit No. 37/81 and feeling aggrieved, the plaintiff has preferred the present revisional application. The application is being heard on notice to and on contest by the defendant.

( 2 ) THE suit which has been stayed by the impugned order, namely, Title Suit No. 37/81 (hereinafter referred to as the Alipore suit), is a suit for ejectment based on three-fold grounds contemplated by S. 13 (1) (ff), (h) and (j) and (k) of the West Bengal Premises Tenancy Act and for mesne profits. The plaintiff's case shortly is that on the expiry of the tenure of a registered lease the defendant was allowed to occupy the suit premises as a monthly tenant for residential purpose with effect from Nov. 1, 1978, for a period of one year. The defendant agreed in writing that he would vacate the suit premises on the expiry of Oct. 31, 1979, and on Jan.








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