RAMDAS BANSAL Vs. KHARAG SINGH BAID

JUDGEMENT

(1.) Leave granted.

(2.) From the materials on record, it appears that premises No. 91, Mahatma Gandhi Road and premises No.6, Sambhu Chatterjee Street, Calcutta, together comprised lands on a portion whereof a building was erected andnow known the "Grace Cinema Hall". Out of the said two plots, premises Nos.91-A, Mahatma Gandhi Road and premises No.6A, Sambhu Chatterjee Street were carved out. Out of the said lands, one Atal Coomar Sen was the owner of lands measuring 3 Cottahs 3 Chittacks and 30 Sq. feet, situated at 91-A, Mahatma Gandhi Road, Calcutta, which was leased to one Gunput Rai Bagla and Radha Kissen Bagla with the right to construct a building thereupon, for a period of twenty years commencing from 1 st April, 1905. Pursuant to the right granted in the lease, the Baglas constructed a building on the demised premises. On 3 rd March, 1908, a registered Agreement was entered into between Atal Coomar Sen, Gunput Rai Bagla and Radha Kissen Bagla and one Cowasji Pallenjee Khatow, whereby the Baglas surrendered their rights for the unexpired period of the lease with regard to the land to Atal Coomar Sen, while the structure standing on the land was sold to Cowasji Pallenjee Khatow. Atal Coomar Sen granted a fresh lease of the land to Cowasji Pallenjee Khatow for42 years from 1 st April, 1908. Atal Coomar Sen died on 5 th November, 1927, leaving behind his son Achal Coomar Sen, who sold the said land to Aditendra Nath Mitter, Anitendra Nath Mitter, Ajitendra Nath Mitter, Ashitendra Nath Mitter and Abanitendra Nath Mitter, on 12 th May, 1939. On 17 th June, 1943, M/s. Moolji Sicka & Company, which had succeeded to the interest of Cowasji Pallenjee Khatow, by a registered Agreement assigned the unexpired portion of the Lease Deed to Chagganlal Baid and Parashmal Kankaria. On 6 th October, 1945, Parashmal Kankaria assigned his share in the property in favour of Chagganlal Baid.

(3.) On 21 st Decembr, 1947, the Mitters filed Suit No.22 of 1948 in the Calcutta High Court against Chagganlal Baid and Parashmal Kankaria for their ejectment from the suit premises. During the pendency of the said suit, on 15 th January, 1958, Chagganlal Baid executed six Deeds of Settlement in favour of his six sons in regard to the said property. On 19 th September, 1972, Kharag Singh Baid and Barhman Baid as Trustees in theDeed of Settlement dated 15 th January, 1958, granted a lease in favour of one Ramdas Bansal for a period of twenty one years commencing from 1 st November, 1972, in respect of :