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2003 Supreme(Cal) 655

ARUN KUMAR MITRA
SUNITI BALA DEBNATH – Appellant
Versus
LAL PARSHI DEBI – Respondent


Advocates Appeared:
B.B.GIRI, MANOJIT BHATTACHARYA, MRINMOY BAGCHI, SUMITRA NEOGI, UDOY SANKAR CHATTERJEE

A. K. MITRA, J.

( 1 ) TWO suits being T. S. No. 168/70 and 150/71 have been tried analogously for the sake of convenience inasmuch as some common questions were involved in both the suits.

( 2 ) T. S. No. 168/70 was filed by Sm. Suniti Bala Debnath against defendant No. 1 Ramkishan Dube (presently deceased) and substituted by defendant Nos. 1 (a) to 1 (o) as his legal representatives. The case made out by Suniti Bala Debnath is inter alia as follows: the suit property that is premises No. 299, Gopal Lal Thakur Road, originally belonged to Late Hemanta Kr. Roy on his death. His two sons and grand-sons sold the same to one Jagatjyoti Seal in 1931. Two sons of Late Hemanta Kr. Roy are (1) Sailen Kr. Roy and (2) Arun Kr. Roy. Said Jagatjyoti sold the property in 1935 to Smt. Manada Sundari Dasi. Said Manada Sundari sold the property to one Madan Chandra Chanda, her grand-son in 1945. Madan Chanda sold the property to Suniti Bala on 28. 5. 1969. Allegedly, Ramkishan was a tenant under Madan Chandra Chanda. After the purchase Madan asked Ramkishan to attorn the tenancy and pay rent to Madan. Ramkishan refused to pay rent, even despite demand in writing he had also sublet the property t



























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