MAHESWAR PRAMANIK Vs. SATKARI SADHUKHAN

JUDGEMENT

(1.) THE continued occupation of Premises No. 67/45 -B, Strand Road, Kolkata by the defendants gave rise to the instant suit.

(2.) THE owner of the premises was Kolkata Port Trust. Lalita Sadhukhan was the tenant of Kolkata Port Trust. The original plaintiff took lease of the said premises form Lalita Sadhukhan. The original plaintiff gave sub -lease of the said premises to the Defendant No. 6 by a deed of sub -lease dated December 16, 1965 on and from February 9, 1965.

(3.) BY a registered memorandum of agreement dated December 16, 1965 entered into between the same parties it was recorded that, the Defendant No. 6 was carrying on business at the demised premises and that, in lieu of the rent as mentioned in the deed of sub -lease the plaintiff would receive 50% of the net -profit of the business of the Defendant No. 6.