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2003 Supreme(Cal) 330

NARAYAN CHANDRA SIL
BIMAL CHANDRA MITRA – Appellant
Versus
NEMAI PALIT – Respondent


Advocates Appeared:
C.S.BHATTACHARYA, DHRUBA JYOTI GHOSH, M.THAKUR, P.N.Palit

NARAYAN CHANDRA SIL, J.

( 1 ) THE Court: The plaint case in brief is that Rabindra Nath Mukherjee and his brother Nemai Mukherjee being the owners of undivided one third share in premises No. 24/1a, Balaram Ghosh Street, Calcutta executed and registered a deed of lease on 25. 7. 1964 for a period of 21 years commencing from 1. 7. 1964 in respect of an open portion of the land measuring about three cottahs at the back side of the premises mentioned above in favour of the defendant for the purpose of business. In terms of that deed of lease defendant agreed to pay a monthly rent of Rs. 100/- and to make over and deliver up peaceful and vacant possession of the said land on the expiry of stipulated period of 21 years. Subsequently, on the request of the defendant a further additional space of about 30 sq. ft. was given to the defendant and the monthly rent thereby was increased from Rs. 100/- to Rs. 110/- per month. Thereafter in the year 1966 all the co-owners of the said premises sold the said premises to Nirmal Chandra Mitra, Amiya Kumar Ghose and Dr. Aloke Kumar Ghose for valuable consideration by several deeds. The defendant duly atoned his tenancy to the said purchasers. On 10.






















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