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1993 Supreme(Cal) 212

BHAGABATI PRASAD BANERJEE, AMAL KANTI BHATTACHARJI
BASANT KUMAR CHOKHANY – Appellant
Versus
GOPAL CHOKHANY – Respondent


BHAGABATI PRASAD BANERJEE, J.

( 1 ) THE Division Bench of this court earlier passed an order for the purpose of assessing the reasonable rent payable in respect of the flat which is in occupation of Shri Jagdish Prasad Banshal. The said flat consists of 1250 Sq. ft. carpet area more or less together with open terrace lying and situated on the ground floor (front portion) of premises No. 127a, Park Street, Calcutta. The tenancy of Shri Jagdish Kumar Banshal was entered into by Shri Gopal Chokhany as guardian appointed under Order dated 19/05/1983 passed by the Hon'ble Mrs. Justice Prativa Banerjee in Matter No. G-5 of 1982 (Gopal Chokhany v. Basant Kumar Chokhany) at a monthly rental of Rs. 4250. 00. At the time of induction of such tenancy a non-refundable security deposit of Rs. 60,000. 00 was also paid by the said tenant. The Division Bench intended to increase the rent from Rs. 4250. 00 under a peculiar facts and circumstances of the case and for that purpose assessment of payable was made by M/s. Talbert and Co. who have assessed the valuation of rent for the said premises at Rs. 12,000. 00 per month. The area under occupation is 1250 sq. ft. in a most sophisticated and commer







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