SHARAD SUBRAMANYAN Vs. SOUMI MAZUMDAR

JUDGEMENT

(1.) This appeal impugns a judgment of the Division Bench of the Calcutta High Court dated 28.6.2000. That an appeal was itself carried against an order of the learned single Judge dated 16.2.2000 in testamentary jurisdiction allowing an application for discharge of the Joint Executors in respect of the estate of one Reba Mitra and appointing an Administrator pendente lite.

(2.) Phanindra Nath Mitra had two sons, Prabhat Kumar Mitra and Kamal Kumar Mitra, and a daughter, Suhasini Bose. The genealogical tree of the family is as under:

(3.) Kamal Kumar Mitra entered into an agreement dated 22.5.1988 with T.K. Ramasubramanyan (father of Sharad Subramanyan, hereinafter "the appellant") by which a tenancy was created in respect of the ground floor flat of certain premises situated at 13/1, Promothesh Barua Sarani, Kolkata (hereinafter "the suit property") at a monthly rental of Rs. 5,000.00. A further agreement dated 1.11.1988 was made between Kamal Kumar Mitra and the present appellant-Sharad Subramanyan for providing to the tenants the fittings and fixtures in the ground floor at a monthly charge of Rs. 750.00. On 24.2.1989, there was a third agreement between Kamal Kumar Mitra and the appellant-Sharad Subramanyan and a fourth on 28.4.1989, by which the former agreed to lease the whole of terrace of the existing construction of the suit property to enable the appellant to construct at his cost an additional floor. The demise was for a period of twenty-one years commencing from 1.4.1989 with a renewal clause for a further period of twenty-one years after expiry of every period of twenty-one years. Though the agreement created a lease for such a long period with a renewal clause, it was not registered.