MAHESWAR PRAMANICK Vs. CHABIRANI SADHUKHAN
LAWS(CAL)-2014-5-9
HIGH COURT OF CALCUTTA
Decided on May 06,2014

Maheswar Pramanick Appellant
VERSUS
Chabirani Sadhukhan Respondents

JUDGEMENT

DEBANGSU BASAK, J. - (1.) THE suit was for eviction of the defendants, accounts, and decree for compensation and damages for wrongful occupation. The defendants entered appearance and filed written statement.
(2.) SIX issues were framed by the Order dated June 22, 2007. The plaintiffs adduced evidence through one witness. The defendants did not examine any witness. On behalf of the plaintiffs various documents were marked as exhibits. The plaintiffs sought eviction of the defendants on the ground of expiry of sublease. By a registered sub -lease dated December 16, 1965 the original plaintiff granted sub -lease to the original Defendant No. 1 and others. The sub -lease commenced from February 9, 1965 and was for 10 years. The sub -lease expired by efflux of time on February 8, 1975. The registered deed of sub -lease dated December 16, 1965 was marked as Exhibit 'A'.
(3.) ON December 16, 1965 the same parties as that of the deed of sub -lease entered into a profit sharing agreement whereby and whereunder it was agreed that, the original plaintiff would receive 50% of the net profit of the business of M/s. J.K. Pure Oil Mills (the Defendant No. 7) in lieu of rent and that, the defendants would pay Rs. 225/ - out of the sum of Rs.300/ - as rent to the head lessor Smt. Lalita Sadhukhan for and on behalf of the original plaintiff. Such profit sharing agreement was marked as Exhibit 'B'.;


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