GOPAL KRISHNA DAW Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) This appeal is directed against the order dated 5-5-1998 passed by a learned single Judge of this Court inter alia, rejecting an application for an order directing restoration of possession of the disputed premises to the appellants herein.

(2.) The facts leading to the case may be summarised as under : On or about 31-10-1959 a deed of lease was executed by the Daws in favour of one Haradhan Dutta, who was carrying on business under the name and style of A. Coomer & Company. The demised premises was about 16 cottahs, 10 chittacks and 35 square feet of land being a portion of premises No. 242, Jessore Road of South Dum Dum Municipality and presently recorded as premises Nos. 84, 85 and 86, Sarat Chatterjee Road. The lease was for a period of 25 years with effect from Nov., 1959 and ending with Oct., 1984. The important Clauses of the said lease are as under:-- "(a)... Lessee's covenant :

(3.) That the leasehold interest with the building and structures standing thereon were assigned by the said Haradhan Dutta to A. Coomer & Company (P.) Ltd. sometime in 1960 in which the said Haradhan Dutta was a shareholder and director.