NILGIRI ESTATES Vs. J.J. AUTOMOTIVE PRIVATE LIMITED

JUDGEMENT

(1.) This appeal is directed against two orders dated November 14, 2022 and December 2, 2022, respectively, passed by a learned Single Judge disposing of WPA no. 18139 of 2022 filed by the respondent nos. 1 to 11 herein. By the orders impugned in this appeal, the learned Judge set aside an order dated May 14, 2022, passed by the Assessor Collector (South), Kolkata Municipal Corporation, adding the name of the appellant as lessee of the property in question.

(2.) The relevant facts of the case which are somewhat bizarre, in brief are that one Indranath Nandi was the owner of a property situate at 8/2 Palm Avenue, Kolkata-700019, measuring about 97 kathas. He sold the said property by executing a registered deed of conveyance dated June 29, 1944, in favour of one Nabab Moulabi Ali, Haider Khan & Ali Asgar Khan (in short "the Moulabis") at and for a consideration of Rs.1, 34, 000.00. The Moulabis took possession of the said property and got their names mutated as owners thereof in the municipal records.

(3.) To make payment of the consideration amount of Rs.1,34,000.00, the Moulobis obtained a loan of Rs.75,000.00 from one Kashinath Roy.