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2018 Supreme(Cal) 708

SAHIDULLAH MUNSHI
Commercial Properties and Merchandise Ltd. – Appellant
Versus
Pallab Roy – Respondent


Advocates Appeared:
D. Ghosh, Adv., R. Ghosh, Adv., A. Ghosh, Adv., P. Sarawagi, Adv., U.C. Jha, Adv., M. Sharma, Adv., Tulika Roy, Adv.

JUDGMENT :

Sahidullah Munshi, J.

This is a suit for specific performance of an agreement being a draft deed of lease (Annexure 'B' to the plaint) purportedly agreed to be executed by and between the plaintiff and the defendant and for mandatory injunction directing the defendant to execute the lease deed in the form as mentioned in Annexure 'B' to the plaint and further for a declaration that the lease in respect of the subject property in favour of the plaintiff is valid till 31st March, 2068 and/or the same has stood renewed until 31st March, 2068. The plaintiff has also prayed for perpetual injunction restraining the defendant, his servants, agents and assigns from creating any disturbance and they are interfering with the peaceful enjoyment and occupation of the premises by the plaintiff as tenant at least till 31st March 2068. In this suit the plaintiff has also prayed for other consequential reliefs for injunction, receiver, attachment, cost and other reliefs, if entitled to. According to the plaint case, the plaintiff is a tenant under the defendant in respect of the suit property mentioned in the schedule to the plaint which was leased out for a period of 99 years under the d































































































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