JATADHARI DAW AND GRANDSONS Vs. RADHA DEBI

JUDGEMENT

(1.) The material facts not in dispute are, inter alia, that Radha Devi, the respondent, as the owner of premises No.210, Chittaranjan Avenue, Calcutta, (hereinafter referred to as the said premises), executed an indenture of lease on the 9th November, 1954 demising in favour of the Burma Shell Oil Storage and Distributing Co. of India Ltd. (hereinafter referred to as the company) the said premises for a period of 20 years on and from the 1st September, 1954 in consideration of a premium of Rs.10,000/- and rent of Rs.900/- per month on, inter alia, the following terms and conditions :-

(2.) The said lease expired by efflux of time on the 31st October, 1974. Successive notices were issued by and on behalf of the respondent on the 6th March, the 27th July, the 3rd September, and the 9th October, 1974 respectively calling upon the company to vacate the said premises and to deliver vacant possession thereof to the respondent on the expiry of the said lease.

(3.) The company and the said dealer did not deliver up vacant possession of the said premises to the respondent on the expiry of the said lease and have continued in possession thereafter.