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2025 Supreme(Online)(Cal) 858

CALCUTTA HIGH COURT
GOURANGA CHANDRA SAHA – Appellant
Versus
BARIN BURMAN & ORS – Respondent


Sabyasachi Bhattacharyya, J.:-

1. The present appeals arise out of the same suit and, as such, are taken up together for analogous hearing.

2. The appellant filed a suit for declaration of his tenancy right in respect of the suit premises, which is comprised of four car parking spaces at 12, Beadon Row, P.S- Bortolla, Kolkata - 700 006, and consequential reliefs. The defendants/respondents filed a counter claim seeking eviction of the plaintiff/appellant as a trespasser. The suit was dismissed, against which F.A. No.4 of 2019 has been preferred, and the counter claim of the respondent was allowed, giving rise to F.A. No.5 of 2019.

3. The bone of contention between the parties is their respective right, title and interest in the suit property.

4. By an agreement dated February 4, 2003, one Chittaranjan Ghosh, a tenant under the original ownersin respect of the original property at 12, Beadon Row, granted sub-tenancy of one big room, one kitchen and separate adjoining space to the plaintiff/appellant allegedly on oral consent of the owners/superior landlords.

5. Subsequently, the owners entered into a development agreement with one Ashish Roy and one Dilip Kumar Saha for development of th

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