- (1.) ALOK Kumar Basu, J. Respondent National Insurance Company as plaintiff filed Title Suit No. 148 of 1981 which was subsequently numbered as T. S. No. 2 of 1984 for a decree of specific performance of contract in respect of suit premises being flat No. 25 of premises No. 5b, Sarat Bose Road, Kolkata against the appellant R. P. Agarwalla and Bros. , while R. P, Agarwalla and Bros. filed title Suit No. 49 of 1980 which was subsequently numbered as T. S. No. 3 of 1984 in respect of self-same suit premises for eviction of National Insurance co. as well as respondent Nos. 2 and 3. Both the suits were taken up together for disposal by the learned Assistant District Judge, 6th Court, Alipore and by a judgment dated 22nd December, 1984, the learned Judge decreed Title Suit no. 2 of 1984 on contest and dismissed Title Suit No. 3 of 1984 on contest. The learned Judge in his order dated 22nd December, 1984 held that National insurance Co. as plaintiff was entitled to get a decree for renewal of the lease in respect of the suit premises for a further period of 25 years commencing from April, 1980 and R. P. Agarwalla and Bros. was directed to execute and register a deed of lease in favour on National Insurance Co. in respect of the suit premises for a further period of 25 years from April, 1980 on the same terms and conditions of the original lease deed dated 20th November, 1956.
(2.) R. P. Agarwalla and Bros being aggrieved by and dissatisfied with, the order of the learned Trial Court dated 22nd December, 1984 subsequently preferred these two appeals being 206 and 207 of 1987 challenging the judgment and decree of the Trial Court.
(3.) FROM the pleadings of the parties we find that originally M/s. Property development Trust was the sole and absolute owner of the suit premises being flat No. 25 at premises No. 5b, Sarat Bose Road, Kolkata and by a registered deed of lease dated 20th November, 1956 executed between M/s. Property development Trust and National Insurance Co. , National Insurance Co. came to possess and occupy the suit premises for a period of 25 years as per terms of the registered deed of lease. It is pertinent to mention that the lease deed was operative on and from 5th April, 1955 for a period of 25 years and lessee National insurance Co. was to pay a sum of Rs. 225 per month for use and occupation of the suit property for the said period of 25 years. R. P. Agarwalla and Bros. subsequently by a registered deed of sale dated 12th October, 1972 executed by m/s. Property Development Trust became owner of the suit property and national Insurance Co. continued to be a lessee under R. P. Agarwalla and Bros. on the basis of the previous lease deed dated 20th November, 1956.;