SIDHARTHA DEALER LLP Vs. ORIENT BEVERAGES LTD.

JUDGEMENT

(1.) The plaintiff and the petitioner before this court filed a suit for a decree for recovery of Khas possession of the suit property by evicting the defendant nos. 2 to 5 and for a decree for a certain sum of money from the first defendant. The prayers in the plaint include an injunction restraining the defendant nos. 2 to 5 and each one of them from transferring, alienating or changing the nature and character of the suit premises.

(2.) Both the petitioners as well as the first defendant/respondent no.1 are companies incorporated under the provisions of the Companies Act, 1956. The respondent nos. 2 to 5 are an individual and three companies respectively. The dispute centres around possession of Premises No. 50, Chowringhee Road, comprising of the ground and second floor. This property is owned by the respondent nos. 6 to 10 who are the trustees of the Trust Estate of Raja Rajendra Mullick Bahadur (the Trust). The trustees of the said Trust by an Indenture dated 29th September, 1965 granted a lease in respect of the said property in favour of one Alepe Finance Limited for a period of 50 years commencing from 1st April, 1965. Alepe Finance merged with the first respondent under an order of this court and the first respondent became the lessee under the said Trust in respect of the subject property. On an application made by the trustees of the Trust before this court, the trustees were granted leave to execute a lease in respect of the Southern side of the ground floor, front block at the subject premises which together with the suit property also forms a part of the Indenture of lease. Pursuant to leave granted by this court, the trustees of the said Trust executed a lease in favour of the petitioner on 31st March, 2001 in respect of the suit property being the southern side of the ground floor, front block at Premises No. 50, Chowringhee Road. The Indenture of lease was registered with the appropriate registering authority and was for a period of 50 years commencing from 1st April, 2015.

(3.) The respondent nos. 2 to 5 are presently in physical possession of the various portions on the Southern side of the ground floor and the front block at the subject premises.