A.K.SENGUPTA
SUSANTA KUMAR BASAK – Appellant
Versus
STATE OF WEST BENGAL – Respondent
( 1 ) PURSUANT to the application made by the petitioner, the petitioner was allotted in November, 1983, a flat being Flat No. 5, Block F-1 in the Low Income Group Housing Estate at Karim Box row on a monthly rent of Rs. 106/ -. The petitioner obtained the possession of the said Flat on 17th December, 1973 in pursuance of the allotment letter dated 20th November, 1973 addressed to the petitioner at 169b, Ramesh Datta Street, Calcutta. The terms and conditions of the tenancy are contained in an agreement executed at the time of taking possession of the said flat. The said Articles of Agreement, inter alia, provides that the tenant shall have no right or be entitled to assign and/or sub-let the said flat or any part of the same (Clause 15 ). Clause 16 of the said agreement provides that if the tenant, shall commit any breach of the terms and conditions, the Governor shall be entitled to terminate the said agreement which shall thereupon stand determined and the tenant shall forthwith make, quit, vacant and peaceful possession of the said flat to the Executive Engineer in-Charge of the said flat. It is also provided therein that after the termination of the te
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