LAWS(CAL)-2000-3-90

UCO BANK Vs. PODDAR & SHAROF & ORS.

Decided On March 28, 2000
UCO BANK Appellant
V/S
Poddar And Sharof And Ors. Respondents

JUDGEMENT

(1.) This Motion has been taken out by the defendant No. 4 who was subsequently added as a party defendant for dismissal of the aforesaid suit on the ground that the suit has become infructuous and further the plaintiff has not taken proper steps in the suit for its hearing though it is an old one as it was filed on 4th May, 1983.

(2.) Mr. Das, learned Senior Counsel, in support of this Motion submits that the plaintiff filed a suit for specific performance of an agreement dated 10th Feb., 1976 for execution and registration of lease in favour of the plaintiff for use and occupation of the ground floor and basement measuring 2,170 sq.ft. and 510 sq.ft. respectively of carpet area together with strong room in the premises No. 10, Belvedere Road, Alipore, Calcutta for a period of 10 years with option for renewal a further period of 10 years. The further relief has been prayed for in the suit in terms of the aforesaid agreement, in the nature of declaration of rights and obligation of the parties in connection with repayment of loan and for payment of rent.

(3.) Mr. Das argues that during pendency of this suit for more than 20 years the rights in terms of the aforesaid agreement for obtaining lease for 20 years at the longest, has now stood extinguished in view of passage of time. The plaintiff admittedly in terms of the aforesaid agreement has already adjusted the agreed amount of rent as against the loan amount together with interest, payable by the original defendants. So, in substance nothing remains for trial and/or adjudication of this suit. In the aforesaid situation it is useless to keep the suit pending and precisely for this reason the plaintiff has not taken any step for getting the suit heard either by discovering any documents or otherwise.