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2019 Supreme(Cal) 598

SABYASACHI BHATTACHARYYA
ALW Estates Pvt. Ltd. – Appellant
Versus
Rajlaxmi Investment & Trading Co. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Sakti Nath Mukherjee, Abhijit Mitra, Arindam Banerjee, Arpita Saha, Animesh Pal, Advocates.
For the Opposite Parties :S.P. Roychowdhury, Saptanshu Basu, Prabal Kumar Mukherjee, S.N. Dutta, Bhaskar Mukherjee, Advocates.

JUDGMENT :

1. The two revisional applications, having arisen from connected matters, are taken up together for hearing. The brief facts of the case are as follows:

2. On February 1, 1956, the decree-holder/opposite party no. 1, Rajlaxmi Investment and Trading Co. Pvt. Ltd., entered into a lease agreement in favour of the judgment debtor/opposite party no. 2, namely, Electric Construction Equipment Industries Ltd. (ECEL), for a period of 40 years.

3. The said lease expired by efflux of time on January 31, 1996. The petitioner alleges that the lease deed dated February 1, 1956 was modified in the meantime, permitting ECEL to sub-let, transfer and assign the leasehold interest in favour of others.

4. The opposite party no. 1 instituted Title Suit No. 12 of 1997 on January 28, 1997 for eviction of ECEL from the aforesaid premises, which measured about 20 bighas (2,14,618 sq. ft. as per the opposite party no. 1).

5. On July 1, 2006, that is, during pendency of the eviction suit, the decree-holder Rajlaxmi Investment entered into an unregistered agreement with the petitioner ALW to grant lease to the petitioner for a period of 21 years, commencing after the eviction of ECEL, in respect of an

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