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2016 Supreme(Cal) 497

HARISH TANDON
K. K. Saha & Co. Pvt. Ltd. – Appellant
Versus
Ashok Agarwal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Suvasish Sengupta, Ms. Subhra Das, Mr. B. Sen.

JUDGMENT :

1. Before proceeding to record my reasons on disagreement with the judgment delivered by the Co-ordinate Bench in case of Kanak Projects Limited Vs. Oil and Natural Gas Corporation Ltd. reported in (2014) 2 CHN (Cal) 405 it would be relevant to record the salient facts of the instant revisional application.

2. The petitioner filed a suit for recovery of Khas possession, arrear rent and mesne profit before the learned Civil Judge (Senior Division), 1st Court, Howrah being Title Suit No. 490 of 2015. The case made out in the plaint are adumbrated herein below :-

(i) The defendant is a tenant in respect of a godown along with an office and a staff quarter admeasuring 5000 sq. ft. at premise no. 14, Kartick Chandra Dutta Road, Ramkrishnapur, Howrah at a monthly rental of Rs. 1800/- payable according to English Calendar;

(ii) The said premise was intended to be used for commercial purposes but the tenant failed and neglected to pay the rent on and from the month of October, 2013;

(iii) The defendant has wrongfully and illegally handed over the possession of the godown to one Manish Seth for carrying on the business of manufacturing pens and refills without the written consent of t























































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