BHASKAR BHATTACHARYA, J.

( 1 ) THIS Letters Patent appeal is at the instance of a defendant in a suit for recovery of possession and is directed against the judgment and decree dated 11th April, 2005 passed by a learned Single Judge of this Court by which His Lordship passed a decree for recovery of possession of the suit premises and also mesne profits after allowing the prayer of the plaintiffs-respondents for rectification of the deed of lease.

( 2 ) THE respondents filed a suit being Title Suit No. 102 of 1994 against the appellant thereby praying for the following relief:

(a) "decree for quiet, peaceful and vacant possession of the said property comprising of the demised premises described in the Schedule appended hereto and Marked - "a" and delineated in the Map or Plan annexed hereto and marked with the Letter - "b" and moveable Article particularized in annexure- "c" hereto forming part of the demised premises or in connection therewith as provided for and in terms of the said Indenture of Lease;

(b) If necessary, the misdescriptions in the said Deed of Lease dated 19th september, 1972 be rectified so as to reflect the true intention of the parties as indicated in paragrap

Click Here to Read the rest of this document