SAMBUDDHA CHAKRABARTI,J. - (1.) By this application being G.A.No.2339 of 2010, the applicant seeks leave to intervene in the appeal pending before this Court being APD No.455 of 2003. The other prayer made in the application looks otherwise quite innocuous, i.e. the applicant has prayed for a leave to deposit the amount of rent with the Registrar, Original Side of this Court in terms of a lease executed on February 14, 1948.
(2.) The case of the applicant, inter alia, is that by the said lease deed Shree Ganesh Properties Pvt.Ltd. was inducted as the lessee for a period of 66 years with an option for renewal for a further period of 33 years. The initial period of lease will expire in 2014. Before that, there was an agreement dated October 22, 1952 between the then Maharaja of Burdwan, i.e. the lessor of the properties and Muralidhar Saraf, who was the predecessor-in-interest of the Saraf group and an erstwhile shareholder. By this Agreement, the then Maharaja of Burdwan had agreed to sell the suit premises and another premises being No.57, Clive Street to one Anandilal Poddar.
(3.) This Agreement eventually proved to be the bone of contention as disputes and differences have arisen between the parties. A suit for specific performance was filed in the year 1953 and it was decreed on May 5, 1959 in accordance with the terms of the settlement arrived therein.;