KABARI PVT. LTD Vs. SHRIMATI ILA BASU

JUDGEMENT

(1.) THIS suit has been instituted by the plaintiff, Kabari Private Ltd, (hereinafter referred to as Kabari) against the defendants (Smt. Ila Basu & Others) for, inter alia, recovery of possession of premises No.8A, Burdwan Road, Alipore, Calcutta on expiry of the 30 years' period of lease dated 10th August 1951 (effective from 1st August, 1951) by efflux of time on 31st July, 1981, and for mesne profits and damages, interest, costs and for other ancillary reliefs. Initially, the suit was instituted in the Court of First Subordinate Judge at Alipore on 22nd December 1981 (being Title Suit No.167 of 1981) and by consent of the parties (at the instance and on the application of the Original Defendant No.9, Shri Shiv Nath Sharoff, (hereinafter referred to as "OD - 9") transferred to this Hon'ble Court under Cl. 13 of the Letters Patent to be tried in its Extra Ordinary Civil Jurisdiction by an order dated 22.9.1982 passed in appeal by the Division Bench of Sabyasachi Mukherjee and Suhas Chandra Sen, JJ.

(2.) THE facts as would appear from the averments made in the plaint are stated hereinafter. At all material times one Smt. Narayani Bajaj was the owner of the Premises No.8A, Burdwan Road, Alipore, Calcutta (hereinafter referred to as "suit Premises"). By a registered indenture of lease dated 10th August, 1951 the said Smt. Narayani Bajaj demised the suit premises to Smt. Ila Basu the defendant No.1 on lease for a period of 30 years commencing from 1st August 1951.

(3.) IN or about 9th February 1962 Smt. Narayani Bajaj (who was a Hindu governed by Mitakhara School of Hindu Law died intestate leaving her surviving one son and 5 daughters. Smt. Narayani Bajaj also had been pre -deceased by one son and one daughter. Ultimately and after taking into account the devolution of interest, Sm. Bhagwan Debi Lodha and 11 others became co -owners of the suit premises.