1959 Supreme(Cal) 199
P.C.MALLICK
Bengal Agricultural and Industrial Corporation – Appellant
Versus
Corporation of Calcutta – Respondent
Advocates:
Subimal Roy and Bhola Sen, for Plaintiffs; B. Das, (for Corporation) and Advocate-General, S. Dev, (for the State), for Defendants.
JUDGMENT :- This is a suit for a declaration of rights of the plaintiff under a contract with the defendant Corporation, injunction to prevent a breach thereof by the defendants, for damages and for other reliefs. The plaintiffs case is that by an Indenture dated 25-10-1951, the defendant Corporation granted a licence to the plaintiff whereby the plaintiff acquired the sole and absolute right to draw and remove sludge from the Pruss Sedimentation Tank at Bantalla including the lagoons and to utilise and convert the same into manure and sell it as a commercial product. For such purpose the plaintiff acquired the right under the agreement to occupy 20 bighas of land. The agreement was for 10 years commencing from 9-1-1949 with an option for further period. Ever since the plaintiff proceeded to work out the said licence, market the sludge and had acquired a well-established reputation and created a goodwill of considerable value. The defendant Corporation during the subsistence of this agreement wrongfully allowed the State of West Bengal to encroach on the plaintiffs rights and to remove sludge from the area leased out to the plaintiff, to construct railway lines around the lagoons a
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