Judgement Key Points

ASOK KUMAR GANGULY, J.

( 1 ) THIS appeal is from an order dated 14. 06. 2002, passed by the learned Single Judge on a contested hearing and whereby the learned Single Judge was pleased to reject the injunction order continuing in favour of the petitioners/plaintiffs, the appellants before us.

( 2 ) THE matter has been argued at length and all the papers before the learned single Judge were included in the stay petition and the same was treated as informal Paper Book. This Court, with the consent of parties, heard both the appeal and the application together.

( 3 ) THE facts which are material for this case are as follows: by a registered deed of lease dated 21. 01. 1998, the petitioner No. 1 demised in favour of the respondent No. 1 a portion of the premises being 11, Dr. U. N. Brahmachari Street, Kolkata comprising office space Nos. 6, 7 and 7a on the 6th and 7th floor, super-built area of 22,722 sq. ft. of the said premises for an unexpired term of 99 years with the agreement commencing from 01. 09. 1993 and expiring on 31. 08. 2092.

( 4 ) THE dispute in this case between the parties arose out of the following covenants in the Lease Deed. Those covenants are set out below:"cl

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