JASPAL SINGH CHANDHAK Vs. ASHOKE KR. PODDAR

JUDGEMENT

(1.) THE suit was for partition by metes and bounds of an immovable property and for accounts in respect of dealings of such immovable property.

(2.) THE plaintiff claimed himself to be the owner of undivided 10/12th share in the immovable property involved. The Defendant No. 1 was acknowledged by the plaintiff to hold the remaining 2/12th share in such immovable property. The plaintiff contended that the defendants other than the Defendant No. 1 had no manner of right, title and interest in respect of immovable property concerned. The plaintiff claimed that the original Defendant Nos. 2 and 3 who were subsequently substituted by their respective heirs and legal representatives consequent to their death were wrongfully and illegally collecting rents from the immovable property involved. The immovable property was fully tenanted. It was claimed that, the original Defendant Nos. 2 and 3 were not entitled to collect such rent and that, the collection of rent by them and subsequently by their heirs and legal representatives were wholly unauthorized. The plaintiff, therefore, joined the original Defendant Nos. 2 and 3 in the suit and claimed accounts from them.

(3.) THE Defendant No. 1 in its written statement claimed that the immovable property involved was owned by one Nirode Behari Lahiri since deceased. By a registered deed of lease dated October 4, 1951, Nirode Behari Lahiri granted lease in respect of such premises to the original Defendant No. 3 for a period of fifteen years with an option for further five years commencing from September 1, 1951 and ending on August 31, 1966. By such deed of lease late Nirode Behari Lahiri had permitted the original Defendant No. 3 to construct a building thereon. Pursuant to such permission under the deed of lease the original Defendant No. 3 constructed a two storied building on the land situated at the immovable property concerned and inducted various tenants and collected rents from such tenants. It was claimed that, after expiry of the initial period of fifteen years the original Defendant No. 3 had tendered rent to Nirode Behari Lahiri, since deceased and, thereafter, to the heirs and legal representatives of late Nirode Behari Lahiri. The original Defendant No. 3 continued to remain in possession and occupation of the said premises. Nirode Behari Lahiri died in 1968 living him surviving seven sons and five daughters. Each heir and legal representative of late Nirode Behari Lahiri, therefore, became entitled to undivided 1/12th share in the said premises. It was claimed that, nine of the heirs of late Nirode Behari Lahiri, since deceased entered into an oral agreement with the original Defendant No. 3 for fresh lease. Such heirs and legal representatives allegedly failed to act in terms of the alleged oral agreement of grant of fresh lease. The defendants instituted a suit for specific performance being Title Suit No. 1307 of 1975 in the City Civil Court at Calcutta, for specific performance of such alleged oral agreement to grant fresh lease. The Defendant No. 1 purchased 2/12th share by to several registered deed of conveyance on August 6, 1975 and August 7, 1975.