KHARAG SINGH Vs. RAMDAS BANSAL

JUDGEMENT

(1.) More than 40 years ago, on 19th September, 1972, the first and second plaintiffs, as trustees granted a lease of a property to the defendant for a period of 21 years commencing from 1st November, 1972. The property is very huge and is located in the most central part of Kolkata. One part of it comprised of a theatre and cinema house together with a parcel of land. The cinema house was called "Grace". All cinemagoers of this city know it. The area in the lease document was no less than 1 Bigha 3 Cottahs 14 Chittacks and 30 sq.ft. This part was described as premises No. 91, Mahatma Gandhi Road. It was described in Part I of the Schedule to the Deed of Lease. The other part of the property which was described in Part II of the document measured 3 Cottahs and 30 sq. ft. The theatre and cinema house spread over this part also. It was described as premises No. 91A, Mahatma Gandhi Road. Therefore, the entire property leased out to the defendant comprised, according to the deed of lease, an area of 1 Bigha 6 Cottah 14 Chittacks and 60 sq. ft. I was told that on the same day the defendant was granted a 21 years lease of a shop room of about 350 sq. ft. in a part of the premises numbered as 91, Mahatma Gandhi Road.

(2.) Now, this property, which comprised the subject of the second lease, is well demarcated and nobody has any problem in identifying it.

(3.) On expiry of the term of the lease the plaintiffs issued a notice to the defendant claiming possession. They had to file a suit in this Court claiming it. It was marked as C.S. No. 102 of 1994. In paragraph 7 of the plaint the plaintiffs pleaded that there were some mutual mistakes made by the lessors and the defendant in the document and asked for its rectification. These mistakes were mentioned in sub-paragraph (a) and (b) of paragraph 7.1 set out those paragraphs: