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2006 Supreme(Cal) 470

ARUN KUMAR BHATTACHARYA
SITA DEVI HARALALKA – Appellant
Versus
T. M. AND M. C. PVT. LTD. – Respondent


Advocates Appeared:
P.C.Bhattacharya, SABYASACHI CHOWDHURY, SAYANTAN BOSE, Tirthankar Mitra

Arun Kumar Bhattacharya, JJ.

( 1 ) THE present suit for eviction, realization of rents and taxes to the tune of rs. 1,03,962/-, mesne profits and other reliefs was instituted by the plaintiff Sita devi Haralalka, since deceased and substituted by her husband and three sons being her heirs and legal representatives, on the grounds of default and reasonable requirement for own use and occupation.

( 2 ) A thumbnail sketch of the plaintiff's case is that she is the owner of flat no. 1c on the first floor of Russel Apartment at 12b, Russel Street, calcutta -16, and the defendant-company was a tenant in respect of the same at a rental of Rs. 2,000/- including service charges of Rs. 500/- plus Rs. 250/- as occupier's share of Corporation taxes, payable according to English calendar month till april, 1979. Upon grant of a superior lease/tenancy by her in favour of her daughter-in-law Smt. Sangeeta Haralalka for a period of two years three months i. e. from May 1979 till August 1981, the defendant paid rent and service charges to the said Smt. Sangeeta Haralalka. The said lease in favour of Sangeeta was determined by efflux of time and Sangeeta surrendered the lease from september 1981. Th




















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