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2009 Supreme(Cal) 415

JAYANTA KUMAR BISWAS
ABL International Ltd – Appellant
Versus
Durgapur Projects Limited – Respondent


Advocates Appeared:
For the Appearing Parties:Surojit Nath Mitra, Arindam Mukherjee, U.S. Menon, Rajeev Kumar Jain, Abhrajit Mitra, Jishnu Chowdhury, Sarvapriya Mukherjee, Awani Kumar Ray, Advocates.

Judgment :-

(1) One Sudera Enterprises Pvt. Ltd. instituted this suit on September 16, 1992 when the plaint was presented and admitted, and leave under Order 2, Rule 4 of the Code of Civil Procedure, 1908 was granted. Sudera prayed for decrees for recovery of the suit property, past and future mesne profits, and Rs.9,07,246.29 for air conditioning.

(2) Case stated in the plaint is this. Under a registered instrument dated February 22, 1969 Sudera leased out the suit premises to the defendant for twenty-one years commencing March 1, 1969. The suit property compromises a floor area of 12,108 square feet on the first floor of 1, Shakespeare Sarani, Calcutta. The agreement provided that the defendant would pay rent, service charges, air conditioning charges; that it would have the right to terminate the lease, by giving three months notice, after expiration of eight years; that on expiration of twenty-one years it would put Sudera into possession of the suit property. By agreement of parties the rate for air conditioning was increased from time to time. The lease determined on March 1 or 2, 1990 by efflux of time limited thereby. Inspite of determination of the lease the defendant faile
























































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