CASE NO.:

Appeal (civil) 1103 of 1998 PETITIONER:

Subhadra Rani Pal Choudhary RESPONDENT:

Sheirly Weigal Nain & Ors.

DATE OF JUDGMENT: 06/04/2005 BENCH:

ASHOK BHAN & A.K. MATHUR JUDGMENT:

J U D G M E N T A.K. MATHUR, J.

This appeal is directed against an order passed by learned Division Bench of Calcutta High Court dated November

26,1997 in First Appeal No.469 of 1980 whereby the Division Bench of the High Court allowed the application of the Respondent No.1 and directed the appellant to execute the lease deed with regard to premises Nos.21/1/C and 21/1/D, Gora Chand Road, Calcutta-700

014 in terms of the order dated May 5, 1986 within a period of six weeks from the date of order i.e. November 26,1997 for a period of

21 years commencing from the date of grant of relevant permission by the Court, in default, it would be open to the respondent No.1 to apply before the trial court for execution of the lease. It was further directed that the respondent No.1 was to pay the arrear of occupation charges after adjustment of the amounts already paid by him with regard to the concerned properties and excluding the period of non-

possession of the premises No.21/1/C in terms of the letter of offer dated