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1982 Supreme(Cal) 192

ANIL KUMAR SEN, BHABES CHANDRA CHAKRABARTI
Qaiser Jaban – Appellant
Versus
Mohammad Yawoob – Respondent


Advocates Appeared:
For Petitioner: Rabindra Nath Mitra, Sailendra Bhusan Bakshi and Subrata Nayak
For Opposite Party: Md. Hafizur Rahaman

JUDGMENT

Sen, J.: The plaintiff is the petitioner before us in this revisional application. The application is being heard on notice to and on contest by the defendant. It is not in dispite that the defendant was a lessee under the plaintiff where the leasehold premises was described as follows :––

"ALL THAT piece or parcel of land together with the boundary wall-being Premises No.7, Nawab Abdur Rahaman Street in the town of Calcutta in the Schedule hereunder more fully described hereinafter referred to as the demised premises which term shall include the said land and boundary wall in the said Premises No.7, Nawab Abdur Rahaman Street (a) also all buildings and structures which may hereafter be erected thereon by the lessee and additions, alterations and improvements therein or thereto and the fittings and fixture thereof but excluding any machines, stocks, plants, accessories, fans, air-condition plants and contrivances, wooden and/or steel partitions (whether fixed to the earth or the buildings in the said premises and excluding the special installations and fittings worked by electricity or gas or otherwise set up by the lessee."

One of the terms in the lease provides as follows :













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