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2018 Supreme(Cal) 175

SAHIDULLAH MUNSHI
Kanak Projects Limited – Appellant
Versus
Hooghly Printing Company Limited – Respondent


Advocates Appeared:
For the Petitioners: Mr. Jishnu Saha, Adv. Mr. Aniruddha Roy, Adv., Mr. Sarathi Dasgupta, Adv., Mr. Aishwarya Kumar Awasthi, Adv., Mr. Sourojit Dasgupta, Adv., Mr. Pratik Ghose, Adv.
For the Respondents: Mr. Sabyasachi Chowdhury, Adv. Mr. Rajarshi Dutta, Adv. Ms. Shyantee Datta, Adv.

JUDGMENT :

1. This is an application filed by the plaintiff praying for a judgment upon admission against the defendant for recovery of possession of the demised premises. A short background of this case is necessary for disposal of the present application. The plaintiff granted a lease in favour of the defendant on 22nd May, 1998 for the suit premises (hereinafter referred to as the ‘demised premises’) for a period of 30 years commencing from 1st April, 1998. Certain acts have been prohibited and some have been permitted by the lessor being the plaintiff herein to be done by the defendant/lessee in the demised premises. As per clause (ix) of the said lease deed, the defendant/lessee was permitted to cause internal space adjustment and reallocation of the service and utilities without adversely affecting the structural ability of the building. Such acts have been permitted to the defendant for proper utilization of the demised premises according to defendant’s need to make its operation viable. However, in the selfsame clause the lessor has mentioned that if required, the defendant may cover the open space between the main building of the demised premises and the structures in the d













































































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