SUKHLAL CHANDANMULL (P) LTD. Vs. HARROW HALL

JUDGEMENT

(1.) The applicant, namely, Merlyn Armstead has filed the present application being G.A. No. 8 of 2023 praying for add the applicant as defendant no. 2 in C.S. No. 364 of 2014.

(2.) Mr. Sudip Deb, Learned Advocate representing the applicant submits that the applicant is the niece of Mrs. L.D. Armstead, since deceased and the sole legal heir of Mrs. L.D. Armstead. As per the case of the applicant, in the year 1972, Mr. B.K. Karnani has permitted Mrs. L.D. Armstead to run a school for the purpose of imparting education to the under privileged children of the Christian community. Initially two rooms were given and due to increase of students, additional rooms were provided. The name of the school was given as "Harrow Hall" by the said Mrs. L.D. Armstead.

(3.) Mr. Deb submitted that in the month of May, 1987, Mrs. L.D. Armstead formed a Society under the name and style of "Harrow Hall" and the school was also registered under the West Bengal Societies Registration Act for the better administration. He submits that the understanding between Mr. B.K. Karnani and Mrs. L.D. Armstead, she will be the tenant and the entire negotiation and discussions for the school will be made with her. He submits that it was further understanding between Mr. B.K. Karnani and Mrs. L.D. Armstead that the rent bills will be issued in the name of Harrow Hall from 1982 till 2014, but in effect, Mrs. L.D. Armstead will be the tenant as proprietor of the said school. He submits that still the Harrow Hall is a proprietorship concern.