On 12th March, 1993 the Appellant bought the building from the said Smt.
Briefly stated the facts are as follows One Smt.
The Appellant, therefore, filed a Suit No.
The Respondent claimed that there was an earlier Agreement to Sell between Smt.
Maya Lata Dey and the Appellant, Title Suit No.
The learned Additional District Judge rejected the applications.
However, both the Appeals filed by the Respondent were allowed by the impugned Judgment dated 2nd June, 1998.
215 of 1993 for recovery of arrears of rent.
307 of 1993 filed by the Respondent was dismissed.
307 of 1993 in the Court of the Munsif at Alipore for specific performance of an alleged oral Agreement to Sell.
695 OF 1999 J U D G M E N T N. VARIAVA, J. These two Appeals are against the companymon Judgment dated 2nd June, 1998 in two Revision Applications filed by the Appellant herein before the High Court of Calcutta.
Thereafter the Appellant filed two suits, each for possession of a shop, damage, mesne profit and injunction against the Respondent.
The Respondent filed, against Smt.
After filing the suit for specific performance the Respondent did number pay any rent to the Appellant.
That suit came to be decreed on 19th August, 1993.
Maya Lata Dey and himself and that thus the property companyld number have been sold to the Appellant.
WITH CIVIL APPEAL NO.
Maya Lata Dey was the owner of a building companytaining six shops in 7B, Kabi Tirtha Sarani, P. S. Watgunge, Calcutta 700023.
The Appellant was a tenant in one shop and the Respondent was a tenant in two of the shops.
A letter dated 1st April, 1993 was sent by the landlady, Smt.
Maya Lata Day by a registered sale deed.
Both the Appeals are being disposed of by this companymon Judgment as the facts are similar and the law point is the same.
