MEHTA SURAYA PVT LTD Vs. UNITED INVESTMENT CORPORATION
LAWS(CAL)-2008-4-15
HIGH COURT OF CALCUTTA
Decided on April 11,2008

MEHTA SURAYA PVT. LTD. Appellant
VERSUS
UNITED INVESTMENT CORPORATION Respondents

JUDGEMENT

- (1.) THE real litigation, and all the fun and games, began only after the decree for eviction in CS No. 183 of 1999 was pronounced. The decree was passed on admission in a letter addressed by the now judgment-debtor lessee to the decree-holder which formed the notice to quit on which the suit was founded. The decree of October 11, 1999 gave the judgment-debtor three months' time to vacate the premises and in default the decree provided that the lessor would be entitled to put the decree in execution.
(2.) THE judgment-debtor has not contested the present execution proceedings, if it has been represented here at all. Various under-lessees, whose names figure in column 9 of the tabular statement, seek to resist the decree-holder's attempt to obtain possession of a building known as the World Trade Centre and stands at the crossing of Ezra Street and Lower Chitpur Road in the business hub of the city.
(3.) BY a deed of July 16, 1962 the decree-holder demised unto the judgment-debtor land measuring 10 cottah 2 chittack and 20 sq. ft. bearing municipal holding no. 14/1a, Ezra Street together with 2 cottah 1 chittack and 13. 5 sq. ft. of the western portion of municipal holding no. 165, Lower Chitpur Road for a period of 33 years beginning July 2, 1962 with an option on the part of the judgment-debtor to renew and continue the lease for two further terms of 33 years each from the expiry of the initial period covered thereby.;


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