Calcutta High Court
Kanak Projects Ltd vs Stewarts & Lloyds Of India Ltd on 16 September, 2016
Author: Shivakant Prasad
Bench: Shivakant Prasad
ORDER SHEET
CS No. 247 of 2010
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
KANAK PROJECTS LTD.
Versus
STEWARTS & LLOYDS OF INDIA LTD.
BEFORE:
The Hon'ble JUSTICE SHIVAKANT PRASAD
Date : 16th September, 2016.
Appearance:
Mr. Dhruva Ghosh, Sr. Adv.
Mr. Arindam Guha, Adv.
Mr.Debnath Ghosh, Adv.
Mr. Sarosij Dasgupta, Adv.
Mr. Sakya Sen, Adv.
Mr. Touseef A. Khan, Adv.
The Court :- Heard the learned Counsel for the parties.
Considering the pleadings and suggested issues filed in Court the following
issues are settled:-
1.Is the suit maintainable in law and in fact?
2. Is the suit barred by law of limitation?
3. Is the defendant a tenant in respect of the suit premises?
4. Was there any ejectment notice under Section 106 of the Transfer of Property Act, duly issued upon the defendant?
5. Is the defendant a trespasser in respect of the suit premises?
6. Is there any agreement dated 8th February, 1985 by and between the parties for execution and registration of a lease deed in respect of the suit premises in favour of the defendant?
7. To what relief or reliefs, if any, is the plaintiff entitled? Let the suit appear in the list on 22nd September, 2016 for examination-in- chief of the plaintiff's witness.
(SHIVAKANT PRASAD, J.) snn.