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1989 Supreme(Cal) 246

SIBA PRASAD RAJKHOWA
Kironmoyee Roy Chowdhury – Appellant
Versus
Asu Guha – Respondent


Advocates:
Advocate Appeared:
Rabindra Lal Mitra, Harendranath Haldar for appellant;
Sudhish Dasgupta, Prabir Kumar Samanta for respondent.

JUDGMENT

This appeal is directed against the judgment and decree dated 25th February, 1985 passed by Sri R. Goswami, Additional District Judge 4th Court, Alipore in Title Appeal no. 1002 of 1983 reversing the judgment and decree dated 29th August, 1983 passed by Sri S.K. Chakraborty, Munsif, 2nd Court, Sealdah in Title Suit no. 167 of 1981.

2. Plaintiff/appellants filed the Title Suit no. 167 of 1981 against the defendant/ respondent for his ejectment from the suit premises as fully described in Schedule 'A' at the foot of the plaint and also for arrear rents. The plaint case is that plaintiff no. 1, Sm. Kironmoyee Roy Choudhury was previously the sole owner of the premises no. 12, Syed Amir Ali Avenue, and by a registered deed dated 27th February, 1960 she leased out the said premises for a period of 21 years to the defendant at a monthly rental of Rs. 70/- according to English Calendar month. Thereafter plaintiff no. 1 transferred half share of the said premises to plaintiff no. 2 who is her son and thereafter a letter of attornment dated 6.5.71 was sent to the defendant and the defendant accepted the same and became a tenant under both the plaintiffs. By efflux of time the lease e












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