BASUNDHARA TOWERS PVT LIMITED Vs. BINAPANI DAW

JUDGEMENT

(1.) The suit property is commonly known as Manglahat in the town of Howrah. The property originally belonged to one Pulin Chandra Dawn since deceased. In 1939 the property was teased out for a period of 50 years. Some time after Mimanis came in possession claiming to be the lessee of the said premises in question. Mimanis also claimed that there had been an oral agreement for sale of the said property by Dawn family in their favour in 1987. A fire broke out in the suit property on 9th November, 1987 and the entire structure was burnt out in such devastating fire. The State Government immediately requisitioned the property which gave rise to litigation. Ultimately the order of requisition was set aside by Court. Another spate of litigation started as to who would be entitled to take possession back from the State Government in view of striking out the order of requisition. Dawn family claimed that during this period the original lease had expired and as such they were entitled to take possession of the premises in question whereas Mimanis claimed that since the State Government took possession from them, they were obliged to hand it over back to Mimanis. Ultimately Dawn family got back possession from the State Government in terms of the order dated June 17,1987 passed by the Division Bench of this Court.The possession was handed over to Dawn family immediately. Realising that they would not be favoured with possession Mimanis also filed a suit for specific performance alleging oral agreement against Dawn in 1997 which was, however, not proceeded with by them. In the meantime there had been a partition in Dawn Family and one Pranab Chandra Dawn became the absolute owner of the premises by virtue of partition. At this juncture two agreements for sale were said to have been executed, one Vandana Real Estate Pvt. Ltd. (hereinafter referred to as "Vandana") claimed to be the holder of an agreement for development dated June 6, 1996 and the other by M/s. Basundhara Towers Pvt. Ltd. (hereinafter referred to as "Basundhara") dated February 4, 1998 apart from the oral agreement set up by Mimanis said to have entered into in 1987. In 1988 the lease had expired by efflux of time.

(2.) The agreement of Basundhara is the subject matter of the instant proceeding which contained an arbitration clause.

(3.) In 2001 Mimanis again riled a suit being Title Suit No. 40 of 2001 almost on the identical relief.