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1998 Supreme(Cal) 268

NIRENDRA KRISHNA MITRA
Sudhir Kr. Sarkar – Appellant
Versus
Bharat Sheet Metal Industries Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Saktinath Mukherji and Pradipta Ray (Since elevated to the Bench).
For the Opp. Party: Mr. S.P. Roychowdhury, L.K. Gupta and Arun Chatterjee.

JUDGMENT

This civil order is directed against the judgment and order No. 106 dated 14th June, 1984 passed by the learned Munsif, 1st Court at Sealdah in Misc. Case No. 141 of 1982.

2. The case as made out by the petitioner in the Revisioinal Application inter alia, is that the petitioner instituted Title Suit No. 401 of 1970 in the 1st Court of the learned Munsif at Sealdah against the opposite party for its eviction from a piece of land with structures at 22, Birpara Lane, P. S. Chitpur, which the opposite party had taken lease for a period of 10 years commencing from 1st January, 1958, at a rental of Rs.105/- per month, besides the municipal taxes payable for the holding, and the deed of lease was registered on 8th October, 1958. It was inter alia, stipulated in the said lease, that the opposite party could raise structures on the land for their enjoyment and the structures so erected would have to be removed within a fortnight from the determination of the lease, failing, which, the structures would vest in the landlord and would become a part and parcel of the property demised. Since the opposite party failed to deliver up possession of the disputed holding on the expiry of Decem














































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