PARBATI DEVI JAISWAL Vs. KEDAR LAL JAISWAL

JUDGEMENT

(1.) This appeal arises out of the judgment and/or decree passed by the learned Third Bench of the City Civil Court at Calcutta in Title Suit No. 193 of 1988.

(2.) The fact of the case is that Thakurdin and Ramjosh were two brothers. They formed a partnership firm, a joint family business known as Messrs. Thakurdin Ramjosh. The said firm Thakurdin Ramjosh obtained lease in the year 1932 for a period of 17 years from one Rabindra Nath Mukherjee and Sourendra Nath Mukherjee, in respect of the land being premises No. 77A, Amherst Street, Calcutta; and constructed structure on the said land at their own costs. On the expiry of the said lease the firm Thakurdin Ramjosh again obtained the lease for 15 years in the year 1949 in respect of the said premises No. 77A, Amherst Street, Calcutta, from Rabindra Nath Mukherjee and Sourendra Nath Mukherjee. There was a partition between Rabindra Nath Mukherjee and Sourendra Nath Mukherjee and by virtue of the said partition Sourendra Nath Mukherjee became the absolute owner of the premises No. 77A, Amherst Street, Calcutta, and the firm Thakurdin Ramjosh had been paying monthly rent to Sourendra Nath Mukherjee.

(3.) On the expiry of the lease, the said Soutendra Nath Mukherjee filed a suit in the City Civil Court numbered as Title Suit No. 636 of 1968 for a decree of khas possession upon determination of the lease by efflux of time. The said Title Suit was decreed in favour of the landlord Sourendra Nath Mukherjee. The firm Thakurdin Ramjosh preferred an appeal before the Hon'ble High Court against the decree.