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2024 Supreme(Cal) 119

SUGATO MAJUMDAR
Anindita Chowdhury – Appellant
Versus
Gouri Shankar Pal – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. Purnendu Das, Mr. Meghanil Manna, Mrs. Gitika Mullick.
For the Defendant : Mr. Debdut Mukherjee, Mr. Gaurab Kr. Das.

JUDGMENT :

Sugato Majumdar, J.

1. This is a suit for recovery of khas possession along with mesne-profit.

2. The sum and substance of the plaint case is that one Ajit Kumar Ganguly, the father and predecessor-in-interest of the original Plaintiffs was the sole owner of the piece and parcel of land measuring about 7 cottah 6 chittacks 20 sq. ft. situated at 124A, Acharya Jagadish Chandra Bose Road, Kolkata. This is the suit property. The said suit property along with structures standing thereon was subject matter of a lease dated 17.05.1946. By a registered deed of lease, as aforesaid, dated 17.05.1946, the said Ajit Kumar Ganguly demised the suit property to the original Defendant for a period of thirty years at a monthly rent of Rs.475/-. The intention of the lessor was that the suit property would be utilized for motion picture theatre purpose and building may be constructed thereon for such purpose would form part of the land and should belong to the lessor. During subsistence of the said lease, the parties executed another registered deed of lease dated 12.11.1946 under which it was agreed upon that the original Defendant, being the lessee therein, would have option of renewal of

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