Calcutta High Court (Appellete Side)
Upakar Distributors Pvt. Ltd. & Anr vs The State West Bengal & Ors on 20 July, 2016
Author: Biswanath Somadder
Bench: Biswanath Somadder
1
.7.2016.
ap
W. P. 9574 (W) of 2016
Upakar Distributors Pvt. Ltd. & Anr.
Vs.
The State West Bengal & Ors.
Mr. S.K. Sharma
... For the petitioners.
Mr. Anit Rakshit
Mr. R.N. Saha ... For the State.
Having heard the learned advocates for the parties and upon perusing the instant writ petition, it
appears that the only issue sought to be raised in the instant writ petition is in respect of non-registration of a
deed of assignment for transfer of leasehold right of a plot in Salt Lake, being Plot No. CA-88, Sector - I, Salt
Lake City, Kolkata - 700 064, which is covered under the 17-clause lease deed.
The petitioners have approached this Court essentially seeking a mandatory order upon the concerned
respondent authority to register a deed of assignment, which the writ petitioners propose to execute in favour
of the private respondent no.8.
It appears from the records that a lease agreement was initially entered into by and between the Governor of the State of West Bengal and one Sri Bhupendra Nath Chowdhury. The obligations and covenants, which bound the lessee, are 17-sub-clauses under clause 2 of the lease agreement dated 16th October, 1974.
Even a bare perusal of the sub-clauses reveals that there is no restriction imposed upon the lessee from transferring the demised land or building to be constructed in favour of a third party/parties. The only restriction that appears to be present under sub-clause 7 reads as follows: -
"The Lessee shall not sub-divide or sub-let the demised land or the building to be constructed without the consent in writing of the Government first had and obtained and the Government shall have the right and be entitled to refuse its consent at its absolute discretion."
The leasehold right was subsequently transferred in favour of one Smt. Jyotsna Rani Modak by an agreement dated 8th August, 1975, which was entered into by and between Sri Bhupendra Nath Chowdhury and Smt. Jyotsna Rani Modak. Smt. Jyotsna Rani Modak's leasehold right in respect of the plot-in-question ultimately went up for auction sale by an order passed by Kolkata Debts Recovery Tribunal - I and the 2 successful auction purchaser, being the writ petitioner herein, has now approached this Court seeking registration of deed of assignment of the leasehold right in favour of the private respondent no. 8.
In view of no restrictions imposed upon the lessee in any of the seventeen (17) sub-clauses under clause 2 of the original lease agreement dated 16th October, 1974 - being the obligations and covenants of the said lease - there appears to be no embargo, either upon the lessee or his heirs/executors/administrators/representatives and/or assigns to execute the deed of assignment in favour of the private respondent no. 8.
In such circumstances, this writ petition is disposed of with a direction upon the respondent no. 6 to allow the petitioners and/or the parties to the deed of assignment to present the said deed for registration, which, upon its presentation, will be duly registered, upon completion of all required formalities. Once the deed of assignment is duly registered in terms of this order, it will be open to the respondent no. 2 to mutate the records pertaining to the plot in question, in accordance with law.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)