TARA CHATTERJEE Vs. P R DASGUPTA

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated May 23, 1986 passed by the learned Assistant District Judge, 4 th Court, Alipore in Title Appeal No.748 of 1985 thereby reversing the judgment and decree dated July 24, 1985 passed by the learned Munsif, 2 nd Court, Alipore in Title Suit No.61 of 1980.

(2.) The plaintiff/appellant herein instituted the Title Suit No.61 of 1980 for ejectment, mesne profits and other reliefs against the defendant/respondent herein from the premises in suit on the ground of efflux of time as provided in Section 111(a) of the Transfer of Property Act.

(3.) According to the plaint case, in short, a registered Deed of Lease for 21 years was executed between the original lessor and the defendant/respondent on March 28, 1959, effective from February 1, 1959 with the option to the lessee to surrender the lease after the expiration of 3 years on giving the lessor a 3 calendar month notice in writing. The said lease deed was registered on April 18, 1959.