MANMATHA KRISHAN MITRA Vs. DENA BANK

JUDGEMENT

(1.) In this suit the plaintiff claims for possession of the two separate portions of premises No. 83/1, Bidhan Sarani, Calcutta by reason of expiry of the demised terms.

(2.) The brief of documents in this case was marked by consent of parties as Ext. A. The first document in Ext. A is a copy of lease dated 6/05/1966 by way of which one portion of the said premises was demised for a term of 21 years. The term was agreed to commence from the 1st of July 1966 and was due to expire with the expiry of the 30/06/1977. It cannot be disputed that on the day this lease was executed, it was outside the purview of the West Bengal Premises Tenancy Act.

(3.) Thereafter on the 5/03/1969, the parties executed two other Deeds - both of which are registered. These two deeds of the same date form documents 2 and 3 of Ext. A. Manmatha Krishna Mitra, the plaintiff, who came to give evidence, even though he was 88 years old, said that he did not remember which of the two deeds was executed first. But the only way to give a meaningful interpretation to the two deeds would be that. the second document in Ext. A was executed prior to the third.