D.K.SEN, G.N.RAY
JATADHARI DAW, GRANDSONS – Appellant
Versus
RADHA DEBI – Respondent
( 1 ) THE material facts not in dispute are, inter alia, that Radha Devi, the respondent, as the owner of premises No. 210, Chittaranjan Avenue, Calcutta, (hereinafter referred to as the said premises), executed an indenture of lease on the 9th November, 1954 demising in favour of the Burma Shell Oil Storage and Distributing Co. of India Ltd. (hereinafter referred to as the company) the said premises for a period of 20 years on and from the 1st September, 1954 in consideration of a premium of Rs. 10,000/- and rent of Rs. 900/- per month on, inter alia, the following terms and conditions :-A) The Company would be at liberty to excavate a tank and construct of erect buildings, pumping plants and accessories in the said premises for carrying on trade in petroleum, petroleum products, oil and motor accessoriesb) The existing tanks, structures, plants and outfit in the said premises as shown in the plan annexed to the deed of lease were recorded as belonging to the company absolutely and the respondent would have no claim thereto or to any additional structures or equipment that may be erected or brought in the said premises by the company. C) On the expiration of t
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