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2024 Supreme(Cal) 479

AJOY KUMAR MUKHERJEE
Shree Shree Iswar Satyanarayanji – Appellant
Versus
Sarad Kumar Burman, since deceased, rep. by Sharada Burman – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sakya Sen, Sr. Adv., Mr. Animesh Paul, Ms. Haandika Rajdeev.
For the Opposite Parties : Mr. Haradhan Banerjee, Mr. Ayan Kumar Baral, Ms. Saswati Sengupta.

JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Predecessor-in-interest of the plaintiffs Satya Narayan Bagla had granted a lease of 30 years w.e.f 1st April, 1966 in favour of predecessor-in- interest of the defendants by three indentures at a fixed rent per month. Said registered lease deeds embodied renewal clause for a further period of 21 years. Plaintiffs further case is since no request for renewal of the said lease deeds were received from the defendant, they served notice to quit upon the defendants to vacate the suit premises upon expiry of lease deeds. The defendant since failed to vacate the suit premises inspite of receipt of notice to quit upon expiry of the said lease deeds with efflux of time on 31st March, 1996, the plaintiff filed T.S. No. 152 of 2000 for recovery of khas possession and mesne profit, which is now pending before learned Civil Judge (Senior Division), Howrah.

2. The defendant filed written statement in the suit, wherein they have admitted about the execution of lease deeds but the defendants by filing a counter claim prayed for a declaration that the plaintiffs or lessors are legally bound to renew the lease dated 29th April, 1967 in favour of the defendants/

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