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1989 Supreme(Cal) 295

SACHI KANTA HAZARI, AMARABHA SENGUPTA
India Steamship Company – Appellant
Versus
Brij Mohan Dalmiya – Respondent


Advocates:
Advocate Appeared:
Mr. A.K. Mitra, S.K. Deb, Debal Banerjee and Shyamlal Mukherjee for the Appellant
Mr. Sudhis Dasgupta, S.P. Roy Chowdhury, Laxmi Gupta and Mrs. S. Khaitan for the Respondent

JUDGMENT

Hazari, J.

This is a second appeal by the defendant against the judgment dated 1.7.85 of an Additional District Judge of Alipore in Title Appeal No. 818 of 1984 by which the learned Judge affirmed the judgment and decree dated 27.8.84 of the Subordinate Judge, 2nd Court, Alipore, in an Ejectment Suit being T.S. No. 121 of 1981.

2. The relevant facts in brief are as follows :-

The premises No. 11B, Ballygunge Circular Road within the city of Calcutta belonged co the plaintiff's father, Gajananda, and the plaintiff's grand-mother, Indramoni (mother's mother). Those two owners by a registered lease deed dated 28.5.60 let out to the defendant, India steamship company Ltd., the first floor flat of the premises on certain terms and conditions, including payment of rents, for a period of 21 years effective from 1.6.60. This period of 21 years calculated from 1.6.60 expired on 31.5.81.

3. In 1963, i.e., during the subsistency of the lease, a Title Suit being T.S. No. 485 of 1963 in the Court of the Munsif at Alipore was brought by the defendant, lessee, against the lessor. That suit was, however, disposed of on the basis of a joint petition of compromise filed by the parties. In terms





















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