BIMAL CHANDRA BASAK, J.

( 1 ) THIS appeal is directed against a judgment order passed by the learned Company Judge in an application under Section 440, 535 and 578 of the Companies Act, 1956, (hereinafter referred to as the said Act ). The facts of this ease are as follows: the subject matter of this suit is a room in the demarcated northern portions of premises No. 143/1/1, Cotton Street, Calcutta (hereinafter referred to as the said premises ). On or about 13th March, 1983 the said premises was purchased in the name of the plaintiff's relative. On 3rd May, 1944 Ajit Kishore Maitra, the defendant No. 1 in suit No 961 of 1959, the then Shebait of the plaintiff, executed a deed of lease on the said premises in favour of one Bhagwandas Kalla and others for a period of 90 years. On 26th June, 1947 Kallas transferred the said leasehold interest to Messrs. Kalla Properties and Industrial Corporation Ltd. , the defendant No. 6 in the said Suit No. 961 of 1953. On or about 24th August, 1950 the said Messrs. Kalla Properties and Industrial Corporation Limited purported to mortgage the said leasehold interest of the said premises to Jagannath Roy and Baluram Ray the defendants Nos. 7 and 8

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