M/s. Purban Pvt. Ltd. vs Deb Kumar Shaw - 1978 Supreme(Online)(Cal) 1

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1978 Supreme(Online)(Cal) 1

CALCUTTA HIGH COURT
N. C. Mukherji, J
M/s. Purban Pvt. Ltd. – Appellant
Versus
Deb Kumar Shaw – Respondent

Advocates:
For the Appellants/Petitioners: Mr. P. K. Roy
For the Respondents: Mr. Bankim Chandra Datta

Table of Content
1. overview of appeals arising from eviction orders. (Para 1 , 2 , 3)
2. arguments on tenancy rights and objections. (Para 4 , 5 , 6)
3. analysis of compromise decree terms and execution rights. (Para 7 , 8 , 9 , 10 , 11 , 12)
4. final ruling and dismissal of appeals. (Para 13)

1. These three appeals arise out of three orders being Order ; No. 50 passed in Misc. Case No. 21 of 1976, Order No. 51 passed in Misc. Case No. 19 of 1976 and Order No. 49 passed in Misc. Case No. 20 of 1976 respectively on 19-5-76, dismissing the said Miscellaneous cases filed under S. 47 of the Civil P. C. in Title Execution Case No. 16 of 1975.

2. The petitioner M/s. Purban Pvt. Ltd., a company incorporated under the Companies Act, has been in occupation of the basement, first floor and fourth floor of premises No. P - 5, C.I.T. Scheme - IV, Calcutta as a tenant under the respondent Deb Kumar Shaw. The petitioner Company defaulted in payment of rents. The respondent filed three ejectment suits being Title Suits Nos. 67 of 1973, 68 of 1973 and 89 of 1973 in the 9th Court of Subordinate Judge at Alipore in respect of the said three flats. The said suits were decreed on compromise on Dec. 5, 1974