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2023 Supreme(Online)(HC) 6140

Krishna Rao, J
T.E. Thomson & Company Limited – Appellant
Versus
Musical Films Private Limited – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Chayan Gupta, Mr. R. Chowdhury, Mr. Dwip Raj Basu
For the Respondents: Mr. Jayanta Kumar Mitra, Sr. Adv., Ms. M. Agarwal, Ms. Manju Manot

Table of Content
1. plaintiff's application for eviction. (Para 1 , 3 , 4)
2. arguments regarding the nature and documentation of the tenancy. (Para 5 , 6)
3. discussion on triable issues presented by defendant. (Para 11 , 12 , 13)
Krishna Rao, J.:

1. The plaintiff has filed the present application being GA No. 1 of 2019 (Old GA 626 of 2019) under Chapter XIIIA of the Original Side Rules of this Court praying for summary decree of eviction of the defendant from the suit property.

2. The defendant had also filed an application being GA No. 2 of 2019 (Old GA No. 669 of 2019) under Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of plaint but at the time of hearing of the applications on 20th November, 2023, Learned Senior Advocate, Mr.

Jayanta Kumar Mitra has not pressed the said application and submitted to keep the issue alive to decide the same at the time of hearing of the suit.

3. The plaintiff has filed the suit against the defendant for eviction from the suit scheduled property and for mesne profits.

4. Mr. Chayan Gupta, Learned Advocate representing the plaintiff submitted that it is evident from document that the last paid rent with respect to the suit property w

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