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2009 Supreme(Cal) 300

JYOTIRMAY BHATTACHARYA
Prime Retail India Pvt. Ltd. – Appellant
Versus
Y. D. Properties And Incestment Pvt. Ltd – Respondent


Advocates appeared:
Bhaskar Sen, Chaitali Chatterjee, Javed K. Sanwarwala, K. N. Mukherjee, S. P. Roychowdhury,

JUDGMENT

1. ADMITTEDLY Prime Clocks Pvt. Ltd. (Admitted Tenant) was inducted as a tenant by the defendant (Landlord) in the suit shop room. The agreement of tenancy provides that the said tenant will have the right to sublet the suit room to any other person with prior notice in writing to the defendant for which the defendant will consent and shall have no objection. The said agreement also provides that the tenant will not be entitled to sublet or sublease the said tenancy which will go against any of the above provisions contained in the said agreement. The tenancy agreement also provides that electricity will be supplied to the tenant at the rate charged by the calcutta Electric Supply Corporation plus 5 (Five) paise per unit according to reading of the meter to be supplied by the tenant at its cost and approved by the defendant. The other terms of the said agreement are not mentioned here as this Court is not presently concerned with those terms of the tenancy agreement.

2. SINCE certain disputes and differences subsequently cropped up between the said tenant and its landlord, the said tenant apprehended that the supply of electricity to the tenant may be disconnected by the d
























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