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2022 Supreme(Cal) 1248

TAPABRATA CHAKRABORTY, RAJA BASU CHOWDHURY
Bhargav Chatterjee – Appellant
Versus
Infinity And Associates – Respondent


Advocates appeared:
Probal Kumar Mukherjee, Advocate, S. N. Dutta, Advocate

JUDGMENT

Tapabrata Chakraborty, J. - The present appeal is directed against the judgment and decree dated 22nd December, 2017 passed by the learned Civil Judge (Senior Division), 10th Court, Alipore in Title Suit No.7 of 2012.

2. The plaintiffs, being the appellants herein, preferred a suit for recovery of possession, mesne profits, injunction and other reliefs against the defendants, being the respondents herein, stating, inter alia, that though the plaintiffs have their permanent residence in the suit property but ordinarily they used to reside at Bangalore and that in early January of 2010, defendant no.2, the sole proprietor of defendant no.1, approached the plaintiffs for taking the suit flat in Schedule 'A' on leave and license basis for a period of 11 months commencing from 1st March, 2010 along with fixtures and fittings and car parking space as detailed in Schedule 'B' for the purpose of establishing his business and for carrying on his business therefrom and the plaintiffs agreed to allow the defendants to occupy the suit flat temporarily for 11 months commencing from 1st March, 2011 on conditions that the defendants would pay Rs.30,000/- only per month and an amount of Rs.

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