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1985 Supreme(Cal) 281

PRABIR KUMAR MAJUMDAR, R.N.PYNE
M. P. NARAYAN – Appellant
Versus
SUDHADEVI – Respondent


PYNE, J.

( 1 ) THIS appeal is directed against the ex parte decree dated 23rd July 1984 passed by Mrs. Monjula Bose, J. in Suit No. 264 of 1984 (Sm. Sudha Devi v. Baranagore Jute Factory Company Ltd. and Ors.)

( 2 ) THE facts relevant to the instant appeal as will appear from the plaint of the said Suit No. , 264 of 1984 and other records are briefly set out hereunder.

( 3 ) ACCORDING to the respondent No. 1, the respondent No. 2 was a tenant under her in respect of flat No. 12 on the 6th floor with a servant quarter and car parking space on the ground floor (hereinafter referred to as the 'demised flat') at premises No. 12b, Lord Sinha Road, Calcutta. The defendant No. 2 made defaults in payment of agreed monthly rents in respect of the demised flat to the respondent No. 1. Further, the respondent No. 2 during the subsistence of its tenancy without the consent of the respondent No. 1 sublet the demised flat to the respondent No. 3 and permitted and allowed him to occupy the same. In the premises the respondent No. 1 duly determined the tenancy of the respondent No. 2 in respect of the demised flat on and from 1st June 1974. Inasmuch as the respondent No. 2 failed and neglected t

























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