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1954 Supreme(Cal) 200

CALCUTTA HIGH COURT
Sinha
Jagu Singh – Appellant
Versus
M. Shaukat Ali – Respondent


Advocatesappeared:
For the Petitioner:A.K. Sen, Advocate
For the Respondent in matter No. 99 of 1953:G.P. Kar and Arun Mukherjee, Advocates
For the Respondent in Civil Rule No. 3465 of 1953:Amiya Kumar Mukherjee, Advocate

JUDGMENT

Sinha, J.

Premises No. 9, Esplanade East, belonged to Messrs. T. E. Thompson and Company Limited. Sometime in 1939, the petitioner became a tenant under the said Company. It is stated in the petition that the tenancy was in respect of a shop room; but in reality, a road-side space in front of the east side gate was let out to the petitioner. It is the kind of space which is occupied by hawkers, abutting the pavements of Calcutta. The company issued rent bills to the petitioner. The subject matter of the tenancy was at first described as - "East side gate of 9, Esplanade East." This description has from time to time changed, together with the rent. In June, 1940, I find the description to be "front portion of east side gate" and the rent is Rs. 100. It is alleged by the respondents that in October, 1942, the Central Government took a verbal lease of the front portion of the premises. In October, 1943, the property was purchased by Ram Gopal Shaw Estates. It further appears that by this time the property had been divided into two parts, namely, 9-A and 9-B and the rent bill issued by Ram Gopal Shaw Estates $o the petitioner is in respect of 9-B, Esplanade Row East, "Outside St













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