DEVENDRA KUMAR SAREWGEE Vs. PURBANCHAL ESTATES (P) LTD.

JUDGEMENT

(1.) Appellants 1 to 3 the brothers, Appellants 4 and 5 the trustees and Respondent 3 the brother of Appellants 1 to 3 are the joint owners of the property bearing Plot No. 3, Alipur Park Place, in the heart of Calcutta measuring one bigha, six catthas, fourteen chitacks and thirty-seven sq ft equivalent to 2154.11 sq yards having a constructed area approximately 12,000 sq ft consisting of 24 living rooms besides bathrooms, kitchen, two garages and servants quarters, hereinafter referred to as "the suit property". The property was given on lease vide registered deed of lease dated 1.02.1956 to Durgadas Moondhrs, Respondent 2 at a monthly rent of Rs. 700.00 w.e.f. 1.03.1955 for a period of 21 years.

(2.) Since Respondent 2 failed to hand over vacant possession of the property after the expiry of the period of lease to the appellants and Respondent 3, suit being Title Suit No. 60 of 1980 (subsequently numbered as TS No. 45 of 1987) was instituted seeking recovery of possession from Respondent 2 in the Court of 1st Subordinate Judge, Alipore, Calcutta.

(3.) Respondent 2 also instituted Title Suit No. 97 of 1980 (subsequently numbered as TS No. 46 of 1987) in the Court of 2nd Assistant District Judge, Alipore, Calcutta against the appellants and Respondent 3 seeking specific performance of the purported agreement dated 9.10.1964 for renewal of the lease deed dated 1.02.1956.