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2023 Supreme(Cal) 1333

TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Saurav Roy – Appellant
Versus
Triveni Holdings Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Gopal Ghosh, Partha Pratim Roy, Tanmoy Mukherjee, Souvik Das, Rudranil Das.
For the Respondents: Ayan Banerjee, Anirban Das, Debjani Sengupta.

JUDGMENT :

TAPABRATA CHAKRABORTY, J.

1. The present appeal has been preferred challenging the judgment and decree dated 15th June, 2016 passed by the learned Civil Judge (Senior Division) 2nd Court at Barasat, District-North 24 Parganas in Title Suit No. 74 of 2011.

2. The dispute amongst the parties is pertaining to a plot of land (including a two storied building) being plot no. 84 in Block-BC in Sector-I in Northern Salt Lake City Extension Area in the district of 24 Parganas (North). The genesis of the dispute involves five instruments being a tenancy agreement dated 1st July, 1993 between the lessee, namely, Sunil Kumar Roy (in short, Sunil) since deceased and the respondent no. 2, a memorandum of understanding dated 18th Februay,1994 between Sunil and Smt. Ganga Bohra, an agreement for construction dated 5th March,1994 between Sunil and M/s. J.P. Bohra & Company Private Limited, an agreement for tenancy dated 15th March, 1994 between Sunil and the respondent no. 2 and an agreement for tenancy dated 22nd February, 1995 between Sunil and the respondent no. 1.

3. The suit for declaration and injunction being Title Suit No. 74 of 2011 was preferred by Mira Roy (in short, Mira), widow

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