RAM NATH JHUNJHUNWALA Vs. SAHA AND COMPANY

JUDGEMENT

(1.) The plaintiff has filed the instant application for pronouncement of final Judgment against the defendant under Chapter XIIIA of the Original Side Rules of this Court for recovery of vacant, peaceful, khas and physical possession of the suit premises being premises No. 207, Maharshi Debendra Road, Kolkata - 700007. The trustees of one Ganpatrai Khemka Charitable Trust, granted lease to Radha Kishan Jhunjhunwala (since deceased) i.e. the predecessor-in-interest of the plaintiff, by an indenture of lease dtd. 23/4/1962, which was duly registered before the Registrar of Assurance, Calcutta in the year 1962, in consideration of monthly rent, reserved and secured therein, in respect of suit property for a period of 51 years, with the option for renewal for a further period of 20 years, from the date of expiry of the said term of 51 years, with the condition that the said Radha Kishan Jhunjhunwala shall build a permanent structure upon such demised premises. Plaintiff has exercised his option to extend its original lease for another 20 years, and the same is still subsisting.

(2.) The Trustees of Ganpatrai Khemka Charitable Trust transferred the ownership right of the said premises to one Jhunjhunwala Resorts Limited by way of four Deed of Conveyances in the year 1992. Radha Kishan Jhunjhunwala continued as lessee under the Jhunjhunwala Resorts Limited, on the same terms and conditions as contemplated in the lease of 1962. Radha Kishan Jhunjhunwala entered into an oral agreement with the defendant, for a sub-lease and sub-demise open space, being the suit premises for a period of 21 years commencing from 31/12/1994.

(3.) The said Radha Kishan Jhunjhunwala died on 13/10/1996. In terms of the Will dtd. 30/3/1981, the plaintiff being the sole executor is managing the entire estate, including the premises left behind by the Radha Kishan Jhunjhunwala.