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2022 Supreme(Cal) 534

SOUMEN SEN, SIDDHARTHA ROY CHOWDHURY
Paul Rubber Industries Pvt. Ltd. – Appellant
Versus
Amit Chand Mitra – Respondent


Advocates appeared:
Mr. Aniruddha Chatterjee, Adv, Mr. Rupak Ghosh, Adv, Mr. Abhijit Sarkar, Adv, Mr. Shantanu Mishra, Adv, Mr. B. Ghosh, Adv, for the Appellant; Mr. Jayanta Kumar Mitra, Sr. Adv, Mr. Anupam Dasadhikari, Adv, Mr.Krishnendu Paul Chowdhury, Adv, for the Respondent

JUDGMENT

Soumen Sen, J. - The appeal is arising out of a judgment and decree dated 16th July, 2012 in connection with the Title Suit No.115 of 2008. The suit was filed by the plaintiff for eviction and was decreed in favour of the plaintiff. The said judgment and decree is challenged, inter alia, on the ground that the lease was for manufacturing purpose and this is terminable only by 6 month's notice expiring with the end of the year of the tenancy.

2. However, in the instant case the lease was terminated by 15 day's notice expiring with the end of the month of the tenancy.

No other point was urged in support of the appeal.

3. There is no dispute that the defendant was put into possession by an agreement dated 27th March, 2003 for a period of 5 years for manufacturing purpose.

4. The plaintiff alleged that on 31st October, 2007 the said tenancy expired and the parties did not agree for renewal thereof. The tenancy agreement shows that it is an unregistered instrument. The question that arises for consideration is whether the terms of the said unregistered tenancy agreement can be taken into consideration while deciding the invalidity of the notice and also for the purpose for which the

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