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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