LAXMI DEBI LOYALKA Vs. MESSES FRANK ROSS AND CO LTD
HIGH COURT OF CALCUTTA
LAXMI DEBI LOYALKA
MESSES FRANK ROSS AND CO LTD
Referred Judgements :-
ASUTOSH CHAKRAVARTTI V. SM. RANI SUNDDRI DEVI
ANIL KUMAR MUKHERJEE V. MALIN KUMAR MAZUMDAR
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(1.)UNDER a deed of lease, dated October 25, 1950, between Messrs. Haralal Harendra Lal Roy Estate Ltd. (now in liquidation) and Ghanashyamdas Loyalka (since deceased) the latter became a lessee under the former in respect of premises Nos. 35 Ripon Street and 36. Ripon Lane. Calcutta, for a period of 15 years commencing from the 1st October, 1950. The monthly rent payable under the lease was Rs. 925/-, for the first 10 years and thereafter Rs. 1025/-for the remainder of the period under the said lease.
(2.)THE lessee Ghanashyamdas Loyalka granted a sub-lease in respect of the lease-hold premises in favour of Messrs. Frank Ross and Company Ltd. for a period of 14 years 11 months and 16 days commencing from October 12, 1950 at a rental of Rs. 2000/- per month.
(3.)ON June 27, 1956, Messrs. Frank Ross and Company Ltd. , Opposite Party No. 1 herein filed an application before the Additional Rent Controller of Calcutta, under section 16 (3) of the West Bengal Premises Tenancy Act, 1956, for being declared a tenant directly under the superior landlord Haralal harendralal Roy Estate Limited (in liquidation) and for having a fair rent fixed in respect of the sub-tenancy. In the said application the superior landlord Company then vested in the Official Liquidator, and Ghanashyamdas Loyalka were both made parties.
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