SABYASACHI BHATTACHARYYA
Sarita Agarwala – Appellant
Versus
Ruby Ganguly – Respondent
SABYASACHI BHATTACHARYYA, J.
1. The defendant nos. 6(a), 6(c) and 6(d) in a suit for recovery of possession and consequential reliefs, have preferred the instant revisional application against an order whereby the petitioners' application for rejection of plaint, under Order VII Rule 11 of the Code of Civil Procedure, was dismissed.
2. The suit was filed primarily for recovery of possession on the ground of breach of covenants of a lease between the parties and for arrears of rent and mesne profits.
3. The plaint proceeded on the premise that one Sital Chandra Bandyopadhyay was owner of 24 bighas of composite plot of land. Sital, by a registered lease deed dated May 10, 1921, demised the said premises to Hukum Chand Kasliwal, Madan Gopal Daga, Markissen Das Bhatter and Purnalal Bhatter for a term of 99 years with effect from May 1,1921.
4. Subsequently Sital, by a registered deed of arpannama dated February 13, 1929, dedicated the said premises to the deity Sri Sri Iswar Sitaram Jew and appointed himself as the first sebait and laid down the line of devolution of sebaitship. The lessees attorned tenancy and paid rent to the deity through the sebait. By a subsequent registe
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