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2024 Supreme(Cal) 839

TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Calcutta Pinjrapole Society – Appellant
Versus
Shashi Kant Soni – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Saptansu Basu, Kushal Chaterjee, Debrup Choudhury, Kalpana Singhania.
For the Respondents: Dinabandhu Chowdhury, Amal Kumar Saha, Iresh Paul.

JUDGMENT :

PARTHA SARATHI CHATTERJEE, J.

1. Sustainability of the order No. 34 dated 14th July, 2022 passed by the learned Judge, Bench-XII, City Civil Court, Calcutta in Title Suit No. 375 of 2018, whereby the application preferred by the applicants/respondents (hereinafter referred to as the respondents) under order 22 Rule 10 of the Code of Civil Procedure, 1908 (in short the Code) was allowed, has been called in question in this appeal.

2. Before going to address the contentions canvassed by the respective parties, it would be apt to narrate the essential facts leading to presentation of this appeal. By a register deed of lease dated 26th May, 1956, three rooms of the premises located at 11 no.... Sir Hari Ram Goenka Street, Kolkata-7 (hereinafter referred to as the suit premises) were let out to the appellant at a monthly rental of 153/- for a period of 20 years. Thereafter one Pradeep Kumar Goenka represented by his father and natural guardian namely, Bhagwati Prasad Goenka granted further lease of the suit premises for a period of 5 years to the appellant by virtue of a registered deed of lease dated 6th day of June, 1977. Again, by virtue of a deed of lease dated 25th August,

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