Soumen Sen, J. - (1.) The dispute relates to a very valuable property situated at the Commercial Hub of Calcutta being Premises No.2, Jawaharlal Nehru Road, Kolkata 700013 formerly known as Chowringhee Road. Two suits have been filed in relation to the said property, namely, Suit No.1059 of 1954 (Deboprasad Gooptu Vs. Prafulla Kumar Mitra) and C.S. No.524 of 1984 (Shankarananda Banerjee & Ors. Vs. Smt. Aruna Basu Mullick & Ors.).
(2.) For the sake of brevity and convenience Suit No.1059 of 1954 is referred to as the "first suit" and C.S. No.524 of 1984 as the "second suit".
(3.) Shorn of details, Deboprasad Gooptu of No.5/4 Rammoy Road, Calcutta was the owner of the said property. Probodh Chandra Mitra of No.23, Elliot Road, Calcutta was a monthly tenant under Deboprasad Gooptu. Probodh during his lifetime used to carry on a hotel business in the said premises under the name and style of "Bristol Hotel" as sole proprietor thereof. Probodh died on 12th June, 1949 without leaving any male descendants. After his death, his nephew Prafulla Kumar Mitra obtained probate of an alleged Will of Probodh and on a representation that after the death of Probodh, he became the sole proprietor of the hotel business he was inducted as monthly tenant by Deboprasad Gooptu since 1950. The rent was reduced from Rs.2800/- to Rs.2500/- per month by mutual consent. Thereafter, Prafulla continued to carry on the hotel business in the said premises as a sole proprietor thereof until he was appointed as Receiver of the said hotel business.;