PUNJAB NATIONAL BANK Vs. KAMINI KAPOOR

JUDGEMENT

(1.) These two appeals arise out of the same judgment and decree dated 23rd April, 2013 passed by the Hon'ble First Court in CS No. 39 of 2012 (Kamini Kapoor-vs.-Punjab National Bank). Accordingly, these two appeals have been heard analogously and are being disposed of by this common judgment.

(2.) Kamini Kapoor (in short Kamini) and her husband, since deceased were lessees in respect of total of approximately 1510.40 sq. ft. area on the ground floor of the premises No. 8, Ejra St. Calcutta-700001 (hereinafter referred to as the "Suit Premises"). Under the lease deeds they had the power to sublet. Accordingly, they executed deeds of sub-lease dated 1st February, 1984 in respect of the suit premises in favour of Punjab National Bank (in short the Bank). The sub-leases were for a period of 19 years or so and were to expire on 13th November, 2002. The leases in favour of Kamini and her husband were to expire also on 13th November, 2002.

(3.) One Kavita Vyappar Pvt. Ltd. purchased the suit premises on or about 31st January, 2008 from the erstwhile owners. Kavita is the appellant in the second appeal with which we will deal separately in this judgment.