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1993 Supreme(Cal) 229

BHAGABATI PRASAD BANERJEE, AMAL KANTI BHATTACHARJI
HINDUSTHAN GAS AND INDUSTRIES LIMITED – Appellant
Versus
ADHISH CHANDRA SINHA – Respondent


B. P. BANERJEE, J.

( 1 ) THIS is an appeal against an order dated 14th January, 1993 passed by the learned trial Judge in Extraordinary Suit No. 20a of 1987, on an application for execution of a decree for possession of the immovable property. The plaintiff-respondent filed a suit for eviction of the appellant-defendant who was a tenant in respect of the premises in question. The Ejectment Suit was originally filed in Alipore, 24-Parganas (before its bifurcation) being Title Suit No. 36 of 1981.

( 2 ) THE case had a chequered career. The appellant was a tenant under the defendant-respondent in respect of the suit premises situated at 2/8b, Sarat Bose Road in respect of the ground floor with three service rooms on the first floor of the out-house of the premises No. 2/8b, Sarat Bose Road, Calcutta. The defendant-appellant undertook to vacate the premises by 31st October, 1975 and thereafter the appellant-tenant failed to vacate the suit premises. The plaintiff-respondent thereafter served a notice to quit under section 13 (6) of West Bengal Premises Tenancy Act, 1956 requiring the appellant to quit and vacate the premises also on the ground of reasonable requirement. The tenant ap




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