JIWANLAL AND CO Vs. MANOT AND CO LTD
HIGH COURT OF CALCUTTA
JIWANLAL AND CO
MANOT AND CO LTD
Referred Judgements :-
KUNHAYEN V. MAYAN
SIDDICK HAZI V. GRUEL AND CO.
CRICKLEWOOD PROPERTY AND INVESTMENT TRUST LTD. V. LEIGHTONS INVESTMENT TRUST LTD.
DARSHAN SINGH V. STATE OF PUNJAB
SHAMARAO V. PARULEKAR
DENMAN V. BRISE
T. D. NANDI V. MESSRS. MENOT AND CO. LTD.
SATYABRATA V. MUGNEERAM
STATE OF BOMBAY V. ALI GULSHAN
KEDAR LAL SEAL VS. BAN LAL SEAL
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(1.)THESE appeals are after an order on remand by Mr. Justice Chunder. The appeals are on behalf of the tenants in suits for ejectment.
(2.)THE buildings are partly one-storied and partly two-storied consisting mainly of two rows of godown type rooms with a cart passage running between them from east to west. There is a road on either side-the Strand Road on the one and the Clive Street on the other. The respondents have got a plan sanctioned from the Corporation for building and rebuilding after demolition of the present structure. The judgment of Mr. Justice Chunder before remand is reported in 57 C. W. N. , page 802 (1) between T. D. Nandi v, Messrs Menot and Co. Ltd. Mr. Justice Chunder by an order at page 806 of the report directed the Court, (i) to go into the questions of comparative advantage and disadvantage as raised in the evidence of the defendants' engineer on the evidence on record and such further evidence as may be adduced and (ii) to go into the question of time within which the work may be reasonably expected to be completed and, therefore, the two aforesaid questions are the only questions which can be gone into at the present stage. Mr. Justice Chunder has said that the other points, "except the question of comparative advantage and disadvantage and the question of time", would be final between the parties. I have, therefore, to examine the matter with reference to them. [his Lordship then dealt with certain other facts and proceeded. ]
(3.)THE question that was raised in the Courts below in this connection was whether the building can be so constructed as not to disturb the tenants, but the Courts have found, as a matter of fact, that the rebuilding cannot be so constructed. If that is so, the tenants' disadvantage of being ejected must be compared with the public advantage of extended accommodation. Having considered that, the Courts have found that the advantage in building outweighs the disadvantages of the tenants. The defendants will undoubtedly on ejectment be put to great disadvantages. That was the reason why Chunder, J. sent the matter back on remand and that is the reason why the Courts below have considered with great care and caution whether the building could be constructed without ejecting the tenants. Further evidence was taken. The disadvantages of the tenants an patent. It is said that there is no second place in the city of Calcutta which is so much in the heart of the business centre as this one and for all practical purposes equally good accommodation or similar accommodation is an impossible matter.
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