Sipra Mitra And Ors vs Manju Devi Chowdhury
2026 Latest Caselaw 618 Cal/2

Calcutta High Court

Sipra Mitra And Ors vs Manju Devi Chowdhury on 6 February, 2026

Author: Sugato Majumdar

Bench: Sugato Majumdar

OD - 30 & 31

                                  ODER SHEET
                       IN THE HIGH COURT AT CALCUTTA
                        Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE

                                   CS/90/2019
                              SIPRA MITRA AND ORS
                                       VS
                             MANJU DEVI CHOWDHURY
                                     WITH
                                   EOS/5/2020
                             MANJU DEVI CHOWDHARY
                                       VS
                            AMAR NATH MITRA AND ORS

BEFORE:
The Hon'ble JUSTICE SUGATO MAJUMDAR
Date: 6th February, 2026
                                                                           Appearance:
                                                                Mr. D. N. Chunder, Adv.
                                                                Mr. Altamas Alim, Adv.
                                                       ...for the Plaintiffs in CS/90/2019
                                                    & for the Defendants in EOS/5/2020

                                                          Mr. Ramesh Chandra Pal, Adv.
                                                     ...for the Defendants in CS/90/2019
                                                      & for the Plaintiffs in EOS/5/2020

      The Court: In EOS 5 of 2020, Mr. Pal the Learned Counsel appearing for the

Plaintiffs craves leave to file appropriate application for amendment.


      Leave is granted.


      The amendment application shall be filed on or before returnable date namely

24th February, 2026.


      So far as CS 90 of 2019 is concerned, discovery, inspections, disclosure of

documents as well as affidavit and denial of documents are complete. Judges brief of

documents is filed today.
                                                    2


              On the basis of rival pleadings and suggested issues, following issues are

framed in CS 90 of 2019:


              1.

Whether the suit is maintainable in the present form?

2. Whether the Defendants have committed any act of breach of the

covenants of the deed of lease dated 20th November, 1968?

3. Whether the Defendants encroached any space not covered under the

deed of lease?

4. Whether the Defendants have sublet or parted with possession of the

leased property with knowledge, concurrence and consent of the

Plaintiffs?

5. Whether the lease in respect of the suit premises was determined on

31st October, 2018?

6. Whether the Defendants are liable to pay damages and/or mesne-

profit? If so, to what extend and from which date?

7. Whether the Plaintiffs are entitled to any relief or reliefs as prayed for?

CS 90 of 2019 shall appear in the list for witness action on 24th February,

2026.

(SUGATO MAJUMDAR, J.)

P.A./A. Das