Calcutta High Court
M/S. Ransal Properties Pvt. Ltd vs Indian Oil Corporation Ltd on 2 December, 2014
Author: Soumen Sen
Bench: Soumen Sen
GA 3499 of 2013
WITH
CS 228 of 2013
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
M/S. RANSAL PROPERTIES PVT. LTD.
VERSUS
INDIAN OIL CORPORATION LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 2ND DECEMBER, 2014.
Mr. Rupak Ghosh,Advocate appears.
The Court :- This is an application for summary judgment under Chapter 13A of the Original Side Rules. The plaintiff has filed a suit for recovery of possession and mesne profits. The plaintiff claims that the defendant is a lessee under a long term lease and on expiry of lease and after service of the notice to quit that the defendant had failed to deliver possession. The only defence taken in the affidavit-in-opposition appears to be that the plaintiff would be required to show their title to the property. The plaintiff has filed an affidavit disclosing a registered deed of conveyance dated 26th July,2013 by which the present plaintiff had purchased the scheduled property in the year 2013.
In view of the aforesaid, there shall be an order in terms of prayer (a). The balance claims, however, are relegated to the suit. The defendant shall file its written statement on or before 13th January,2015.
Liberty to mention for expeditious disposal of the suit. 2
The application, accordingly, stands disposed of. Department is directed to draw up the decree as expeditiously as possible. The suit is decree in part.
(SOUMEN SEN, J.) S.Chandra