IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE LAST HEARD ON: 22.09.2025 DELIVERED ON:12.12.2025 PRESENT:

THE HON’BLE MR. JUSTICE BISWAROOP CHOWDHURY I.A. No. GA 9 of 2025 IN C.S. No. 574 OF 1985 SANJIB SAHA AND ANR. VS ANDREW YULE AND CO. LTD.

Appearance:

Mr. Jaydip Kar, Sr. Adv.

Mr. Sourav Mukherjee, Adv.

Ms. Sahana Pal, Adv. Mr. R. C. Paul, Adv.

Mr. Anirban Pramanick, Adv.

Mr. Punarbasu Nath, Adv.

….. for the plaintiff s Mr. Rohit Banerjee, Adv.

Mr. S. Kr. Agarwal, Adv.

… for the defendant.

Biswaroop Chowdhury, J.: This is an application filed by the plaintiffs praying as follows:-

A . The defendant be directed to pay Rs. 3,47,63,348/- (being the arrears of rent/occupational charges from December 2019 till February 2025) to the plaintiffs within a period of 7 days or such other period as this Hon’ble Court may deem fit and thereafter continue to pay Rs. 5,92,076/- per month on or before 7th Day of each English calendar month;

B . In the alternative the defendant be directed to deposit and secure in this Hon’ble Court Rs. 3,47,63,348/- ( being the arrears of rent, occupational charges from December 2019, till February 2025) within a period of 7 days or such other period as this Hon’ble Court may deem fit and thereafter continue to deposit Rs. 5,92,076/- per month on or before 7th Day of each calendar month;

C . An order of injunction be passed restraining the defendant/lessee and /or any person/entity claiming through it from encumbering and/or dealing with and/or inducting any occupier in the suit premises;

D . Ad interim order in terms of prayer (C) above.

E . The respondent/lessee be directed to supply the completion certificate relating to the newly constructed building as well as an authentic copy of the sanction building plan within such time as to this Hon’ble Court may deem fit and proper.

F . The respondent/lessee be directed to remedy the breaches committed of the indenture of lease dated 4th February 1983 and supplemental deed of lease dated 5th August 2010 by inter alia:

i) Paying and disbursing outstanding service tax on rent amounting to Rs. 50, 77, 600/- towards reimbursement of the service tax.

ii) Paying and disbursing outstanding amount of Rs. 44,800/-

towards wrong deduction of TDS of GST.

iii) Paying entire arrear municipal tax along with interest and penalty as may be due and payable thereon and producing Xerox Copy of receipt thereof to the plaintiff and also continuing to pay current municipal rates and taxes that may fall due.

iv) Disclosing the names and details of the sub – lessees/occupiers who are there in the building.

G . In the alternative and on failure of the defendant to remedy the breaches within the time stipulated :

i) Be it declared that the defence of the defendant stands struck off and the lease has been validly terminated.

ii) The suit be directed to appear as an undefendant suit.

H . Such further or other order or orders be made and /or direction be given including those relating to costs of and incidental to this application as this Hon’ble Court may deem fit and proper.

The contention of the plaintiffs/petitioners may be summed up thus:

1. The premises in question being 34 Jackson Lane since renamed as Indra Kumar Karnani Street, Kolkata 700001( hereinafter referred to as the said demised premises) contains by estimation 1 Bigha 2 Cottahs more or less with a structure thereon fully described in the schedule to the deed of lease dated 4th February, 1983 is owned by the estate of Shree Shree Jagat Janani Thakurani, a Hindu deity ( herein after referred to as the said deity) by virtue of a deed of dedication/arpannama dated 1st of November, 1871.

2. Upon considering various offers and after hearing the parties by and order dated 07/04/1978 this Hon’ble Court was inter alia pleased to give liberty to the then joint receivers to grant lease of the said premises no. 34 Indra Kumar Karnani Street (Jackson Lane) Kolkata in favour of the erstwhile lessee Chitpore Golabari Co. Ltd.

3.