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1981 Supreme(Cal) 104

DIPAK KUMAR SEN
HINDUSTHAN GAS AND INDUSTRIES LTD. – Appellant
Versus
ADHISH CHANDRA SINHA – Respondent


DIPAK KUMAR SEN, J.

( 1 ) THE property in dispute in this suit is premises No. 2/8b, Sarat Bose Road, Calcutta irnmoveablc property situated outside the ordinary original jurisdiction of this Court. On the 8th July 1980 M/s. Hindusthan Gas and Industries Ltd. , the plaintiff No. 1 and Ramjilal Batlwal, its president, the plaintiff Number 2 instituted this suit against Adhish Chandra Sinha, the defendant. The material averments in the plaint are as follows :-- (a) In terms of several deeds of leas'e executed by the defendant from time to time the said premises were demised in favour of the plaintiff No. 1. (b) The tenancy is governed by the provisions of the West Bengal premises Tenancy Act, 1956. (c) The defendant under cover of his letter dated 4th January 1979 sent a draft agreement dated the 14th January 1979 to the plaintiffs. The Secretary of the plaintiff No. 1 signed the said document on the 16th January 1979. (d) The signature in the said document was made by the Secretary of the plaintiff No. 1 by reason of undue influence, coercion and duress by the defendant on the plaintiffs and the document records that the plaintiff No. 1 has given notice to quit and vacate the said













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