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2020 Supreme(Cal) 198

SOUMEN SEN, SAUGATA BHATTACHARYYA
Chandra Nath Chandra – Appellant
Versus
Buddhadeb Halder – Respondent


Advocates Appeared:
Asit Baran Raut, Advocate, Tuhin Subhra Raut, Advocate, Tanmoy Mukherjee, Advocate, Amal Kumar Saha, Advocate

JUDGMENT

Soumen Sen, J. - The appeal is arising out of a decree passed by the learned Judge, City Civil Court at Calcutta in Title Suit No. 1314 of 2012 in a suit for eviction of the defendant/respondent on revocation of licence.

2. One Kanai Lal Chandra during his lifetime was the absolute owner of several properties including a tenancy in respect of a stationery, grocery shop in the front portion and one godown in the ground floor at 123/1, Bipin Behari Ganguly Street, P.S.- Muchipara, Kolkata - 700 012 under the landlord, namely, Hoplal Mathur Vaishya Charitable Trust. The said Kanai Lal Chandra died intestate on 27th January, 1977. His widow Bibhabati Chandra also died intestate on 22nd November, 1986, leaving behind fourteen heirs, heiresses and legal representatives. Upon the death of Kanai Lal Chandra and Bibhabati Chandra, all the legal heirs, by operation of law, became the joint owners of all the properties and became tenants-in-common in respect of the suit property, being shop room no. 10 at 123/1, Bipin Behari Ganguly Street, Kolkata. On 24th September, 1990, a registered partition deed was executed between the said fourteen legal heirs. By virtue of the said deed of pa

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