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2001 Supreme(Cal) 348

Bhaskar Bhattacharya
Bazaz Construction & Mining (P) Limited – Appellant
Versus
Adhish Chandra Sinha – Respondent


Advocates:
Advocate Appeared:
S.K. Banerjee, Manisha Bhowmick & Biplab Ghosh for the appellants in SA. No. 144 of 1996;
S.P. Roychowdhury & S. Bhowmich for the appellants SA. No. 627 at 1995;
Saktinath Mukerjee, S. Basu & S.K. Ash for the respondents.

JUDGMENT

Bhaskar Bhattacharya, J.

These two second appeals are at the instance of two sets of sub-tenants in a suit for eviction on the ground of efflux of lease of 21 years and are directed against the judgment and decree dated March 30, 1995 passed by the learned Additional District Judge, 11th Court, Alipore in Title Appeal Nos. 566 of 1986 and 500 of 1986 thereby affirming those dated June 18, 1986 passed by the learned Assistant District Judge, 2nd Court, Alipore in Title Suit No. 129 of 1979.

2. The respondent No.1 herein filed the aforesaid suit impleading the original lessee as well as the sub-lessees on the ground of expiry of the period mentioned in the deed of lease.

3. There is no dispute that the deed of lease was executed and registered on July 12, 1958 and the same was for a period of 21 years with effect from February 1,1958. Thus, the period of lease came to an end on January 31,1979. It is also undisputed that on August 12. 1962 a registered deed of rectification was executed by the original lessors and the lessee by virtue of which the rate of rent was reduced from Rs. 950/- a month to Rs. 900/- a month as a portion of the leasehold property was surrendered by the l

































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