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2021 Supreme(Cal) 73

SHAMPA SARKAR
Green Band Apartments Private Limited – Appellant
Versus
Mint Matrix – Respondent


Advocates Appeared:
Sabyasachi Chaudhary, Advocate, Ajay Gaggar, Advocate, Subhajit Ghosh, Advocate, Vedikasureka, Advocate, Soumabho Ghosh, Advocate, Piyali Pan, Advocate, Suman Roy, Advocate

JUDGMENT

Shampa Sarkar, J. - In this revisional application, the petitioners have challenged the order dated July 22, 2019 passed by the learned Civil Judge (Junior Division), 2nd Court at Alipore in Title Suit No. 57 of 2016. The petitioners as plaintiffs filed Title Suit No. 57 of 2016 against the opposite parties/defendants Nos. 1 to 4 for a decree of recovery of vacant possession of the suit property, for a decree of a sum of Rs. 4,50,000/- as mesne profits, tentatively calculated upto the date of filing of the suit, further mesne profits @ Rs. 50,000/- per day from September 9, 2016 till the delivery of vacant possession, damages, compensation and permanent injunction.

2. The petitioners are the joint owners of premises No. 29, Broad Street, Kolkata 700019being a G+5 building. The petitioners were interested to start a business of running a guest house and converted the 3rd, 4th and 5th floor into a guest house consisting of 36 rooms in 12 self contained flats. The petitioner No.1 entered into an agreement with the opposite party No.1, represented by the opposite party nos. 2 to 4 on November 19, 2014 to lease out the said floors for the purpose of running a guest house with ef

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