BIBHUTI BHUSAN BANERJEE Vs. USHA CHARAN BANERJEE

JUDGEMENT

(1.) THESE three Second Appeals arise out of three title suits namely T.S. No. 298 of 1966 and M.S. No. 89 of 1966 (correspondingly T.A. No. 791 of 1974/S.A. No. 466), M.S. 89 of 1966 (correspondingly T.A. No. 140 of T974/S.A. No. 468), T:S. No. 507 of. 1966 (correspondingly T.A. No. 790 of 1974/S.A. No. 46.7 of 1976).

(2.) THE case as has been made out in the plaint of Title Suit No. 298 of 1966 is inter alia as follows:

(3.) AS per the terms of the lease the lessee had the right to construct structure at the: leasehold; land and accordingly Ambika got plan sanctioned in the benami of Harinarayan Dey and subsequently Ambika raised a two storeyed building and a shed in the year 1954 by his own money. Ambika used to occupy a portion of the said building after letting, out the remaining portion to the tenants and machineries of the printing works were kept in the shed. Ambika had a printing press under the name and style Nistari Printing Works and from October, 1949 he became a government contractor. As a result the Government of India from time to time supplied various paper blocs for printing and binding and those were stored in the different godowns. On or about August 22, 1952 one of the godowns was destroyed by' fire and thereafter the Union Government filed a suit in the High Court at Calcutta against Ambika for realisation" of Rs. 4,99,475 -6 -6 being the price of goods delivered to him. Ambika contested the claim by filing a written statement and in turn he brought a cross suit against the Government for realisation of Rs. 3,16,842 -10 -9 being the amount due on different bills submitted by Ambika." Both the suits were hotly contested and those are still pending. Thereafter Ambika closed down his business and removed all his printing machinaries and accessories from the shed of the suit property. Then Ambika wanted to purchase the leasehold land in the suit premises from Sailendra Nath Sanyal and on November 2, 1954 the price was finally settled at Rs. 16,000/ - and on that very date Ambika made over a complete set of Printing Press machinary valued at Rs. 9,000/ - to Sailendra Nath Sanyal in part payment of the said price. Out of the balance of Rs. 7,000/ -Rs. 1,000/ - was paid in cash and the vendor agreed to take the balance of Rs. 6,000/ - by instalment and as such a formal agreement was simultaneously executed in the name of Ambika or his nominee on receiving the consideration. On July 15, 1966 Ambika paid Rs. 1,000/ -and on July 16, 1966 he paid the balance of Rs. 5,000/ -to Sri Sanyal and thus on payment of entire consideration amount Ambika became the full owner of the land measuring 5 1/2 kottah and Ambika was the owner of the structures thereon and in fact he became the full owner of the entire premises at 26, Rani Branch Road, Calcutta.