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2015 Supreme(Cal) 330

I.P.MUKERJI
Suresh Tulshan, Trustee of K. P. Foundation – Appellant
Versus
Marco Polo Restaurant Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Jishnu Saha, Sr. Advocate Mr. Srenik Shinghvi, Advocate Miss S. Ganguly, Advocate
For theRespondent:Mr. Abhrajit Mitra, Sr. Advocate Mr. S. Ghose, Advocate

JUDGMENT

I.P. MUKERJI, J.

In the beginning of July 2013, this suit was filed in this court by six trustees of 20 trusts. These trustees, on behalf of the trusts, were jointly the lessees of a single storied building within premises no.24 Park Street, Kolkata-16. The lease by which they held this property empowered them to sub-lease it. A part of this building was let out by the plaintiffs to the defendant on 22nd April 2004 as a monthly tenant. The area covered by the tenancy was 2731 sq. ft. The rent payable was Rs. 1,98,375/- per month together with the tenant’s contribution to municipal rates and taxes.

On 16th May, 2013 the plaintiffs’ advocate issued a 15 days’ notice under Section 106 of the Transfer of Property Act to the defendant asking them to quit, vacate and deliver up vacant possession of the demised property to the trustees after 31st May, 2013, being the date of determination of the tenancy. In fact 15 days from the date of the receipt of the said notice expired with the close of 2nd June, 2013. Possession was not handed over to the plaintiffs.

This suit was filed by the plaintiffs against the defendant asking for their eviction and for vacant and peaceful possession o





































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