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2000 Supreme(Cal) 279

Tarun Chatterjee, Amit Talukdar
Purnand Garg – Appellant
Versus
Tuhin Kr. Chowdhury – Respondent


Advocates appeared:
Hirak Mitra, S.S. Roy for the petitioner
Shyama Prasanna Roychoudhury, Ajit Routh for the respondent

Judgment

Chatterjee, J.

This appeal arises out of a suit for recovery of possession, mesne profits and otter reliefs in respect of Municipal Premises No.6, Lansdown Place and more fully described in the schedule of the plaint (hereinafter referred to as "the suit premises") on the ground of expiry of lease.

2. The plaint case, in short, is that by a registered indenture oflease dated 30th November, 1960 between Smt. Bedbala Devi as lessor and defendant Purnand Garg as lessee, a lease in respect of the suit premises was created for 21 years commencing from 1st of December, 1960 and terminating on 1st of December, 1981 and monthly rent payable was Rs. 800/- together with occupier's share of taxes, initially assessed at Rs. 52/- payable within 7th of each English Calender Month in respect of the month in which the rent fell due. By virtue of a deed of gift dated 13th August, 1969 Smt. Bedbala Devi bequeathed, conveyed and transferred the suit premises in favour of her son that is plaintiff/respondent and thus the defendant/appellant became the lessee under the plaintiff/ respondent on the same terms and conditions as contained in the lease deed dated 30th November, 1960. The defendant/ap






























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