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2015 Supreme(Cal) 40

ARIJIT BANERJEE
Arun Chorone Roquitte – Appellant
Versus
Oriental Venetian – Respondent


Advocates Appeared:
For the Petitioners:Sabyasachi Chowdhury, Anirban Kar, Saunak Bhattacharjee, Lalratan Mondal, Advocates.
For the Respondents:Saptangshu Basu, Sabyasachi Bhattacharyya, Ranabir Roy Chowdhury, Debjit Mukherjee, Prasun Mukherjee, Advocates.

JUDGMENT

ARIJIT BANERJEE, J.

1. These two revisional applications being CO 2632 of 2013 and CO 3309 of 2013 involve identical questions of law and hence the same are being taken up together for disposal.

CO No. 2632 of 2013

2. This revisional application arises out of an order dated 30th April 2013 passed by the Ld. Judge, 11th Bench, City Civil Court at Calcutta in Title Suit No. 1753 of 2011.

3. The said suit was filed by the opposite party/plaintiff which is an unregistered partnership firm claiming declaration of monthly tenancy under the petitioners/ defendants and for injunction restraining the defendants from disturbing the peaceful possession of the plaintiff in respect of the suit property. The plaintiff’s case is that originally the suit property was let out to M/s. Oriental Electric and Engineering Co., which was also a partnership firm, as a monthly tenant by the defendant no. 1. In the year 1975 the name of the said partnership firm was changed from M/s. Oriental Electric and Engineering Co. to the present name i.e. M/s. Oriental Venetian Blinds. Such change of name was intimated to the defendants. However, the plaintiff all along deposited the rent in the name of M/s. Ori














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