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2009 Supreme(UK) 393

MUKUNDAKAM SHARMA, B.S.CHAUHAN
RAJNI TANDON – Appellant
Versus
DULAL RANJAN GHOSH DASTIDAR – Respondent


For the Appellant :Mr. Gaurav Agrawal, Mr. Prashant Kumar, Advocates.
For the Respondents:Mr. Abhijit Sengupta (NP), Mr. Ranjan Mukherjee (NP), Advocates.

JUDGMENT

Dr. Mukundakam Sharma, J. – The present Civil Appeal raises questions relating to interpretation of Section 32 and 33 of the Registration Act, 1908 (hereinafter referred to as “the Act”).

2. The dispute pertains to a Flat situated on the ground floor of a building commonly known as “Nilachal” at Tollygunge, Calcutta (hereinafter referred to as the said premises). The appellant by virtue of a Registered Deed of Conveyance dated 28.02.1990 purchased the said premises from one Sri Nandlal Tantia (also referred to as Shri N.L. Tantia), Karta of M/s R.L. Tantia & Sons (HUF). The said Deed of Conveyance was executed by the constituted attorney of Shri N.L. Tantia, Shri Indra Kumar Halani, on the basis of a Power of Attorney). It is pertinent of mention herein that the said premises was purchased by Shri Nandlal Tantia in his capacity as a Karta of M/s R.L. Tantia and sons (HUF) in August 1978. Mrs. Ava Rani Ghosh Dastidar (Predecessor in interest of Respondent No. 1 herein) was allowed to stay free of charge in the said premises from October, 1978 as a personal gesture of Shri Nandlal Tantia as a licensee only. Sri N.L. Tantia, Karta of M/s R.L. Tantia & Sons intimated the Socie























































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