CALCUTTA PINJRAPOLE SOCIETY Vs. SHASHI KANT SONI

JUDGEMENT

(1.) Sustainability of the order No. 34 dtd. 14/7/2022 passed by the learned Judge, Bench- XII, City Civil Court, Calcutta in Title Suit No. 375 of 2018, whereby the application preferred by the applicants/respondents (hereinafter referred to as the respondents) under order 22 Rule 10 of the Code of Civil Procedure, 1908 (in short, the Code) was allowed, has been called in question in this appeal.

(2.) Before going to address the contentions canvassed by the respective parties, it would be apt to narrate the essential facts leading to presentation of this appeal. By a register deed of lease dtd. 26/5/1956, three rooms of the premises located at 11 no., Sir Hari Ram Goenka Street, Kolkata-7 (hereinafter referred to as the suit premises) were let out to the appellant at a monthly rental of 153/- for a period of 20 years. Thereafter one Pradeep Kumar Goenka represented by his father and natural guardian namely, Bhagwati Prasad Goenka granted further lease of the suit premises for a period of 5 years to the appellant by virtue of a registered deed of lease dated 6th day of June, 1977. Again, by virtue of a deed of lease dtd. 25/8/1981 the suit premises was let out to the appellant for a further term of three years commencing from 7/8/1980 to 23/8/1983.

(3.) Pradeep Kumar Goenka transferred the entire premises to one Chhatar Singh Chhajer and four others by dint of one deed of sale dtd. 13/8/1987. Subsequent thereto, by another deed of conveyance dtd. 4/7/1989, Chhatar Singh Chhajer and four other vendors transferred the entire premises in favour of one Smt. Chanda Devi Soni, since deceased. Before her demise, Smt. Chanda Devi Soni bequeathed the entire premises to her husband namely, Shyam Lal Soni, since deceased by executing one Will dtd. 10/2/2012. Mr. Shyam Lal Soni obtained probate of the Will and became sole owner of the entire premises.