LAWS(CAL)-1997-8-12

TARAK NATH SHA Vs. BHUTORIA BROTHERS PRIVATE LIMITED

Decided On August 28, 1997
TARAK NATH SHA Appellant
V/S
BHUTORIA BROTHERS PVT. LTD. Respondents

JUDGEMENT

(1.) These two appeals have been filed by Shri Tarak Nath Sha who is the landlord in respect of premises No. 3, Leonard Road, P. S. Hastings, Calcutta-700 022.

(2.) The basic fact of the matter is not much in dispute.

(3.) On 23rd March, 1963 one Ram Kewal Sha, the predecessor-in-interest of Tarak Nath Sha executed a deed of lease in favour of M/s. Bhutoria Brothers Pvt. Ltd. (hereinafter referred to as the said company') for a period of 21 years. One Manmal Bhutoria was the Manager of the said Company who became a Director thereof later on. He, on behalf of the company used to reside in the said premises. The said company is a family concern of Manmal Bhutoria. He resigned from the post of the Director of the company whereafter, the company allegedly by a letter dated 18th April, 1974 terminated the said lease with effect from expiry of June, 1974.