SHIBU CHANDRA DHAR Vs. PASUPATI NATH AUDDYA
SUPREME COURT OF INDIA (FROM: CALCUTTA)
SHIBU CHANDRA DHAR
PASUPATI NATH AUDDYA
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S. N. Variava, J. -
(1.)These two Appeals are against the common Judgment dated 2nd June, 1998 in two Revision Applications filed by the Appellant (herein) before the High court of Calcutta. Both the Apepals are being disposed of by this common Judgment as the facts are similar and the law point is the same.
(2.)Briefly stated the facts are as follows :
One Smt. Maya Lata Dey was the owner of a building containing six shops in 7B, Kabi Tirtha Sarani, P. S. Watgunge, Calcutta-700023. The Appellant was a tenant in one shop and the Respondent was a tenant in two of the shops. On 12th March, 1993 the Appellant bought the building from the said Smt. Maya Lata Day by a registered sale deed. A letter dated 1st April, 1993 was sent by the landlady, Smt. Maya Lata Dey, to all the tenants intimating them that she had sold the building to the Appellant and that they should attorn tenancy to the Appellant and pay rent to the Appellant.
(3.)The Respondent filed, against Smt. Maya Lata Dey and the Appellant, Title Suit No. 307 of 1993 in the Court of the Munsif at Alipore for specific performance of an alleged oral Agreement to Sell. The Respondent claimed that there was an earlier Agreement to Sell between Smt. Maya Lata Dey and himself and that thus the property could not have been sold to the Appellant. After filing the suit for specific performance the Respondent did not pay any rent to the Appellant. The Appellant, therefore, filed a Suit No. 215 of 1993 for recovery of arrears of rent. That suit came to be decreed on 19th August, 1993.
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