Ramdas Bansal (D) Thr. Lr vs Kharag Singh Baid & Ors

2. From the materials on record, it appears that premises No. 91, Mahatma Gandhi Road and premises No.6, Sambhu Chatterjee Street, Calcutta, together comprised lands on a portion whereof a building was erected and now known the "Grace Cinema Hall". Out of the said two plots, premises Nos.91-A, Mahatma Gandhi Road and premises No.6A, Sambhu Chatterjee Street were carved out. Out of the said lands, one Atal Coomar Sen was the owner of lands measuring 3 Cottahs 3 Chittacks and 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 construct a building thereupon, for a period of twenty years commencing from 1st April, 1905. Pursuant to the right granted in the lease, the Baglas constructed a building on the demised premises. 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. Atal Coomar Sen granted a fresh lease of the land to Cowasji Pallenjee Khatow for 42 years from 1st April, 1908. 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. 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. On 6th October, 1945, Parashmal Kankaria assigned his share in the property in favour of Chagganlal Baid.

3. 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. 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. 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 commencing from 1st November, 1972, in respect of :

(ii) the particulars given in Parts I and II of the First Schedule and the map as Annexure B to the plaint were incorrect;

7. 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 (`C.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. The said application was directed to be taken up along with the Appeal. The Appellant also filed certain additional grounds in support of his claim that he was a Thika tenant in the premises. It was also mentioned that in view of the option clause in the Lease Deed dated 19th September, 1972, the provisions of the proviso to Section 3(2) of the West Bengal Premises Tenancy Act, 1956, would not be attracted to the facts of the case.

Mr. Chowdhury submitted that the appeal was wholly misconceived and was liable to be dismissed with appropriate costs.

26. As indicated hereinabove, the Respondents had filed Title Suit No.102 of 1994 against the Appellant, inter alia, for

(i) a decree for vacant possession in respect of the suit property comprising the demised premises described in the schedule to the plaint and delineated in the map annexed thereto and marked with the letter `B'; and

32. The circumstances were further altered with the enactment of the West Bengal Thika Tenancy (Acquisition & Regulation) Act, 2001, to provide for the acquisition of interests of landlords in respect of lands comprised in Thika Tenancies and certain other tenancies in Kolkata and Howrah and other Municipalities of West Bengal for development and equitable utilization of such lands with a view to sub-serve the common good.

34. We, therefore, see no reason to interfere with the judgment and order of the Division Bench of the Calcutta High Court impugned in this appeal and the appeal is, accordingly, dismissed with costs assessed at Rs.25,000/- to be paid by the Appellant to the Supreme Court Legal Services Committee.