Ramavtar Prasad VS. State Of Bihar Through Cbi

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Ramavtar Prasad VS. State Of Bihar Through Cbi

The Judgement Information System REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 5659-5660 OF 2002

M/s. K.B.Saha & Sons Pvt. Ltd. .

VERSUS

M/s. Development Consultant Ltd.

J U D G M E N T

TARUN CHATTERJEE, J.

1. These two appeals are directed against the common final judgment and order dated 18th of May, 2001 of the High Court of Calcutta passed in F.A. Nos. 39-40 of 1999 affirming the judgment and decree dated 11th of November, 1998 passed by the Asstt.

District Judge, 9th Court at Alipore, South

24 Parganas whereby the two suits namely, Title Suit No 19/92 and 39/92 filed at the instance of the appellant were dismissed.

2.- The facts leading to the filing of these two appeals are narrated in a nutshell as follows: M/s. K.B. Saha & Sons Pvt. Ltd. (in short "the appellant") brought Title Suit No. 19/92 before the 9th Court of the Asstt. District Judge, Alipore, South 24 Parganas against M/s. Development Consultants Ltd. (in short "the respondent") alleging, inter alia, that the appellant was the owner of Premises No. 28/8, Gariahat Road, within Police Station Lake in the district of South 24 Parganas (hereinafter called "the suit property"). By a memorandum dated 30th of March, 1976, the respondent became a tenant in respect of a flat, as fully described in Schedule-A of the plaint, in the suit property (hereinafter called "the suit premises") for the residential accommodation of a particular officer Mr.

Keshab Das and members of his family and for no other purpose. The monthly rent was fixed at Rs. 1100/-, which included the rent of fixtures, fittings and parking place payable in advance by 5th of the current month for which the rent became due. The monthly rent and other charges were increased to Rs.

1210/- from September, 1985. The appellant alleged that the memorandum dated 30th of March, 1976 specifically provided that if the respondent intended to use the suit premises for any purpose other than providing residential accommodation to its...

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