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2020 Supreme(Cal) 380

DEBANGSU BASAK
Joy Prakash Law – Appellant
Versus
Rajendra Kumar Rathi – Respondent


Advocates Appeared:
Abhrajit Mitra, Advocate, Sarvapriya Mukherjee, Advocate, Nilay Sengupta, Advocate, Swati Agarwal, Advocate, Sayantee Nandi, Advocate, Tilak Bose, Advocate, Biswaroop Bhattacharya, Advocate, Saumabho Ghose, Advocate, Debabrata Das, Advocate, S.N. Mitra, Advocate, A. Banerjee, Advocate, D. Sen, Advocate, B. Kumar, Advocate

JUDGMENT

Debangsu Basak, J. - The Court: In a suit for declaration and perpetual injunction as also recovery of possession and damages, the plaintiff seeks interim protection.

    2. In the suit, the plaintiff assails instrument dated March 3, 1971 as rectified on April 26, 1971, instrument dated December 14, 1973, instrument dated August 30, 2002 and the instrument dated September 25, 2017 as being vitiated by undue influence and, therefore, null and void.

      3. Learned Senior Advocate appearing for the plaintiff submits that, the father of the plaintiff was the owner of an immovable property. The immovable property comprises of about 38 cottahs of land. It is located at a prime part of Kolkata. The father of the plaintiff executed a deed of lease in favour of the defendant no. 1 for 62 years in respect of 30 cottahs out of 38 cottahs on March 3, 1971. Such lease was supposed to come to an end on February 28, 2033 by efflux of time. The lease rental was a paltry sum of Rs.1,000/- which was to be increased periodically. Given the location and the area of the property, the lease rental was dismal. He submits that, the lease was for 30 cottahs of land although the land comprised of 38 cottah

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