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2024 Supreme(Cal) 1213

KRISHNA RAO
Asha Bansal – Appellant
Versus
Sunita Tandon – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Mr. Rupak Ghosh, Mr. Meghnad Dutta, Mr. Rajesh Upadhyay, Ms. Surabita Biswas, Mr. Akshay Jain Sukhani

JUDGMENT :

Krishna Rao, J.

1. The plaintiffs have filed the present suit for a decree for eviction and recovery of khas possession of the suit property, mesne profit of Rs.18,40,000/-, further mesne profit till the delivery of possession and interest.

2. The plaintiffs have filed the present application for Judgment upon admission against the defendant for eviction and recovery of khas possession of the suit property.

3. The plaintiffs are the joint and absolute owners of the Premises No. 318, Chittaranjan Avenue, Kolkata – 700006, being a ground plus five storied building.

4. The one Bimla Devi Tandon, was the tenant of the plaintiffs, in respect of a flat comprising of four rooms with verandah admeasuring an area of about 600 sq.ft. situated on the fifth floor of the said premises and the last agreed rent which was being paid by the defendant was Rs.2,590/-inclusive of Municipal Property Tax and maintenance charges payable according to English Calendar month. The said tenancy was governed under the provisions of the West Bengal Premises Tenancy Act, 1997.

5. The rent was being tendered in respect of the suit property and monthly receipts were duly being obtained in the name of the tena

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