BAHUBALI ESTATES LTD Vs. SEWNARAYAN KHUBCHAND

JUDGEMENT

(1.) The appeal is arising out of a decree passed by the Judge 5th Bench, City Civil Court, Calcutta on 5/7/2019 in Title Suit no. 1076 of 1998. This suit was for declaration, eviction and recovery of possession.

(2.) The trial Judge dismissed the suit on the grounds that the plaintiff has failed to establish that the defendants are guilty of breach of express covenants of the registered deed of lease dtd. 17/6/1982, as the plaintiff itself has failed to establish its title clearly by cogent evidence. The suit was also dismissed due to defective notice. The appellant is aggrieved by the findings of the learned Trial court in so far as it observed that the plaintiff has failed to establish its title in the suit property. The limited issue on which the appeal is being heard is with regard to the propriety of the findings of the learned trial judge in observing that the plaintiff has no title in the suit property.

(3.) The other issues with regard to the defective notice and forfeiture of lease are not decided in this appeal as the said issues are not raised and Mr. Joydeep Kar, learned Senior Counsel representing for the appellant has admitted that there has been a defect in the notice. The suit property originally belonged to three persons, namely, Ghamandilal Saraogi, Kamala Devi and Kamal Kumar Gangwal. They were the joint owners of premises no. 9C Lord Sinha Road, Kolkata. They granted a lease in respect of a portion of the suit premises in favour of the defendant no.1 for a term of 99 years with an option for renewal of a further 99 years at the same rent and in accordance with the terms and conditions contained in the said registered indenture of lease dtd. 17/6/1992. The said joint owners entered into a partnership on 16/10/1987 with Smt. Nina Devi Gangwal, Sanjay Kumar Jain, Alka Jain and Illa Jain. The recital of the partnership would show that the parties decided to carry on business in partnership and the said joint owners had agreed to bring the joint property with all their rights therein, as their respective contributions to the capital of the partnership firm and the said property would henceforth be treated as the joint property of the partnership firm. The parties have decided to carry on a partnership business under the name and style of Bahubali Estates with effect from 22/10/1987. The said partnership was duly registered with the registrar of firms.