SAILENDRA NATH MUKHERJEE Vs. M/S STEWART AND CO
LAWS(CAL)-1983-1-13
HIGH COURT OF CALCUTTA
Decided on January 28,1983

SAILENDRA NATH MUKHERJEE Appellant
VERSUS
STEWART AND CO Respondents

JUDGEMENT

- (1.) THESE two appeals-from appellate decree are at the instance of the defendant and arise out of two suits for declaration of title and for permanent injunction. The two suits having been heard analogously were dismissed by the learned Subordinate Judge, 3rd Court Alipore,. but were decreed on appeal by the learned Additional district Judge, 2nd Court, Alipore, who reversed the decision of the learned subordinate Judge. It would be necessary to refer to certain material facts to appropriate the points raised and such facts may be set out briefly as follows:
(2.) BY a registered indenture dated December 22, 1913, the predecessor in interest of the present defendant granted lease in respect of premises No. 37/38 (since renumbered 38/1), Panditya Road, p. S. Ballygunge, District - 24 Parganas. The lease covered an area of 7 big has and odd together with all buildings and structures standing thereon. Under the terms of the lease the lessees were to maintain some of the structures belonging to the lessor including a go down but they were entitled to raise further or other structures which, however, will vest in the lessor at the expiration or sooner determination of, the- lease. The lease was for a term of 50 years computing from January 1, 1915. The lessees were four persons carrying on business in co-partnership
(3.) BY a similar indenture dated January 31, 1919, the same lessors granted lease of premises No. 37/1, and 38, Parditiya Road (since renumbered as 37 and 38) together with all buildings and other structures standing thereon for a period of 46 years and 3 months to the same lessees. Under the terms of the lease the lessees were entitled to demolish all structures standing on the premises so demised but it was agreed that at the expiration or sooner determination of the lease all buildings and fixtures erected by the lessees would vest in the lessor.;


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