ADMAKO SEASONS (P) LTD. Vs. BEAUTI SHOME

JUDGEMENT

(1.) Order dtd. 4/4/2017 passed by the learned 4th Court of Civil Judge (Senior Division), Alipore in the Misc. Case no 6274 of 2012 (arising out Title Suit no. 102 of 1983) has been assailed in the present application.

(2.) The predecessor-in-interest of the opposite party herein namely Promotho Ranjan Shome became a tenant in respect of the 2nd floor flat since the year 1943 under one Charu Chandra Sinha and after his death his son Jyotish Chandra Sinha became owner of the suit premises. Said Jyotish Chandra Sinha entered into a registered agreement for lease for a period of 99 years with effect from 1/1/1978. As per stipulation of said deed aforesaid Promotho Ranjan (since deceased) would be entitled to purchase the property within five years from the date of entering into the said lease for a total value of Rs.60,000.00 and said lease was executed on 26/12/1977. As par lease deed on payment of the aforesaid amount, the lessee shall be deemed to be full owner of the suit premises and lessor shall be bound to execute necessary deed of conveyance at the agreed purchase price.

(3.) It is alleged by the opposite party herein that Jyotish having refused to execute the deed in terms of lease, aforesaid Promotho filed Title Suit, being no. 102 of 1983. Upon contested hearing the suit was decreed in favour of plaintiff on 14/12/1987. While passing the judgment, Trial Court directed the plaintiff to deposit the residual consideration amount within a period of one month and the judgment debtor to execute the deed of conveyance in favour of the decree holder. The decree was drawn on 14/1/1988.