feet of land companyprised in 91 A, Mahatma Gandhi Road.
An appeal was filed by the Appellant herein, against the order of the learned Single Judge in the Calcutta High Court, being APOT No.12 of 2005.
Atal Coomar Sen granted a fresh lease of the land to Cowasji Pallenjee Khatow for 42 years from 1st April, 1908.
Pursuant to the right granted in the lease, the Baglas companystructed a building on the demised premises.
On 17th June, 1943, M s. Moolji Sicka Company, which had succeeded to the interest of Cowasji Pallenjee Khatow, by a registered Agreement assigned the unexpired portion of the Lease Deed to Chagganlal Baid and Parashmal Kankaria.
The said transactions prompted the Mitters to file Suit No.441 of 1973 in the Calcutta High Court against Chagganlal Baid for recovery of possession of the said property.
Atal Coomar Sen died on 5th November, 1927, leaving behind his son Achal Coomar Sen, who sold the said land to Aditendra Nath Mitter, Anitendra Nath Mitter, Ajitendra Nath Mitter, Ashitendra Nath Mitter and Abanitendra Nath Mitter, on 12th May, 1939.
After diverse proceedings, the learned Single Judge decreed Suit No.102 of 1994, in favour of the Respondents herein.
On 19th September, 1972, Kharag Singh Baid and Barhman Baid as Trustees in the Deed of Settlement dated 15th January, 1958, granted a lease in favour of one Ramdas Bansal for a period of twenty one years companymencing from 1st November, 1972, in respect of House and building standing on 1 bigha 3 companytahs 14 chittacks and 30 sq.
During the pendency of the said suit, on 15th January, 1958, Chagganlal Baid executed six Deeds of Settlement in favour of his six sons in regard to the said property.
feet of land companyprising premises No.91, Mahatma Gandhi Road, Calcutta being the freehold portion and House and building standing on 3 companytahs 30 sq.
feet, situated at 91 A, Mahatma Gandhi Road, Calcutta, which was leased to one Gunput Rai Bagla and Radha Kissen Bagla with the right to companystruct a building thereupon, for a period of twenty years companymencing from 1st April, 1905.
Out of the said lands, one Atal Coomar Sen was the owner of lands measuring 3 Cottahs 3 Chittacks and 30 Sq.
It is the specific case of the Appellant in the instant appeal that the property mentioned in the First Schedule to the plaint companytained in Part I and Part II is number identical to the area shown in the map annexed to the Deed of Lease.
The Appellant also filed certain additional grounds in support of his claim that he was a Thika tenant in the premises.
The Respondents herein, in their turn, filed S. No.102 of 1994, against the Appellant, Ramdas Bansal, praying for rectification of the misdescription of the property in the Deed of Lease dated 19th September, 1972 and for recovery of possession of the lands in question.
Out of the said two plots, premises Nos.91 A, Mahatma Gandhi Road and premises No.6A, Sambhu Chatterjee Street were carved out.
On 28th June, 2005, the Division Bench of the High Court stayed the operation of the judgment and order of the learned Single Judge dated 11th April, 2005.
The said application was directed to be taken up along with the Appeal.
On 15th July, 2003, the learned Single Judge framed issues to go to trial in the suit.
On 21st Decembr, 1947, the Mitters filed Suit No.22 of 1948 in the Calcutta High Court against Chagganlal Baid and Parashmal Kankaria for their ejectment from the suit premises.
Nothing further transpired till the month of August, 2006, when the Appellant filed an application under Order XLI Rule 27 of the Code of Civil Procedure P.C., for short , being G.A.No.2719 of 2006, in the pending appeal APOT No.12 of 2005 to bring on record certain documents showing that a portion of the demised property was governed by the West Bengal Thika Tenancy Acquisition and Regulation Act, 2001, which meant that by operation of law the Appellant had become a Bharatia, of the demised structure on 6A, Sambhu Chatterjee Street, under the Respondents who were already the Thika tenants of the said land.
On 3rd March, 1908, a registered Agreement was entered into between Atal Coomar Sen, Gunput Rai Bagla and Radha Kissen Bagla and one Cowasji Pallenjee Khatow, whereby the Baglas surrendered their rights for the unexpired period of the lease with regard to the land to Atal Coomar Sen, while the structure standing on the land was sold to Cowasji Pallenjee Khatow.
91, Mahatma Gandhi Road and premises No.6, Sambhu Chatterjee Street, Calcutta, together companyprised lands on a portion whereof a building was erected and number known the Grace Cinema Hall.
ALTAMAS KABIR, J. Leave granted.
On 6th October, 1945, Parashmal Kankaria assigned his share in the property in favour of Chagganlal Baid.
Apart from the above, several other companytentions were raised in the written statement filed by the Appellant, namely, that numbernotice of eviction, as envisaged under Section 13 6 of the West Bengal Premises Tenancy Act, 1956, had been given before filing of the eviction suit the particulars given in Parts I and II of the First Schedule and the map as Annexure B to the plaint were incorrect the lease had never been acted upon by the parties and the same was, by necessary implication, cancelled and movables indicated in Annexure C to the plaint belong to the Appellant and the question of payment of damages does number, therefore, arise.
From the materials on record, it appears that premises No.
