suit.
The plaintiff contended that, the defendant could not establish a
new tenancy coming into being between the defendants and
superior landlord. It was also ... lease
expired on February 8, 1975. After such expiry a new tenancy
came into being between the Defendant No. 6 and Lalita
Sadhukhan
deed of lease subsequent to an existing tenancy
would terminate the existing tenancy and bring about a new
relationship between the parties in terms ... surrender of the existing lease and the grant of a new tenancy. By
citing these two decisions Mr. Jiban Ratan Chatterjee was trying
to meet
new office building at premises No. 2,
Gariahat Road, Kolkata. After completion of such new building the
defendant wanted to shift to the new building ... without any objection whatsoever. This according to the defendant,
created a new tenancy. The plaintiff all along assented to the defendant
being in possession
from the defendant No. 1. The issue as
to whether, a new tenancy has come into being post the expiry
of the registered deed ... that, subsequent to the expiry of the registered lease,
a new tenancy has come into being or not, looms large in the
suit. Therefore, there
from the defendant No. 1. The issue as
to whether, a new tenancy has come into being post the expiry
of the registered deed ... that, subsequent to the expiry of the registered lease,
a new tenancy has come into being or not, looms large in the
suit. Therefore, there
from the defendant No. 1. The issue as
to whether, a new tenancy has come into being post the expiry
of the registered deed ... that, subsequent to the expiry of the registered lease,
a new tenancy has come into being or not, looms large in the
suit. Therefore, there
support of his case of surrender and creation of a new
tenancy when, in fact, such documents are claimed to have been filed
vide, exhibits
Senior Advocate appearing for the respondents submits that,
a month by month tenancy was entered into between the parties. The
subject agreements cannot be relied ... expiry of the tenancy
agreement by efflux of time, a new tenancy came into being and
therefore the arbitration agreement is no longer enforceable
defendant from the appellants/plaintiffs, it amounts to creation
of a new tenancy in the name of the appellants in respect ... Schedule property
for the purpose of enabling new construction, such tenancy was created
by an agreement between the then landlord i.e. the proforma defendant
defendant from the appellants/plaintiffs, it amounts to creation
of a new tenancy in the name of the appellants in respect ... Schedule property
for the purpose of enabling new construction, such tenancy was created
by an agreement between the then landlord i.e. the proforma defendant
