MOHINI THAKUR JESWANI Vs. J. S. CHANDAK (DEVELOPERS) PVT. LTD.
LAWS(CAL)-2019-12-162
HIGH COURT OF CALCUTTA
Decided on December 03,2019

MOHINI THAKUR JESWANI Appellant
VERSUS
J. S. CHANDAK (DEVELOPERS) PVT. LTD. Respondents

JUDGEMENT

- (1.) There is no merit in this appeal arising out of the dismissal of a petition under Section 47 of the Code of Civil Procedure, 1908 to thwart the implementation of a decree passed in an eviction suit against the appellant.
(2.) The facts are not much in dispute. The original owners acquired the property in or about the year 1952. In 1956 the owners let out the property at Princep Street in favour of a company by the name of J. Sen & Sons Estate Private Limited. According to the appellant, the owners were a family of Sens and the lessee was a family-owned company.
(3.) The lease was for a period of 20 years, renewable for another period of 20. It is not clear as to whether the lease of the year 1956 permitted the lessee to induct sub-lessees. However, for the purpose of the present proceedings, it may be presumed that the original lease of 1956 permitted the lessee to induct sub-lessees.;


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