Registered With A/D

To Susanta Kumar Samanta Learned Advocate Alipore Bar Association 18, Judges Court Road Kolkata 700027. Date: 1st July, 2010

Sir, It is unfortunate that in reply of my letter dated 07.06.2010 addressed to my childhood friend Sri Prodip Kumar Sadhukhan who happens to be my landlord, residing at Premises No. 38, Pathak Para Road (Ground Floor), Kolkata 700060, I have received your letter written on behalf of him as your client. Decoded: 1) That your client is unwilling to renew the Lease Agreement executed on 30.09.1988 which expired on 30.09.2009 as he reasonably requires the said property for accommodating his family members and dependants. So my possession is unlawful & unauthorized since 01.10.2009 and your client has not accepted any rent on the expiry of the lease. Therefore your client has requested me to give vacant possession of the property mentioned in the Lease Agreement without any further delay failing which your client shall take proper legal steps against me in due course of time. 2) That I am not staying in the lease hold property since long ago by inducting unauthorized person in your clients property. 3) That your client never advised any lawyer to prepare any draft of Lease Agreement for renewal of lease or anything. 4) That in my letter it was wrongly written that the said premium of Rs.18,000/- (Rupees Eighteen Thousand only) is being unadjusted. Now, my reply to you & your client point to point as summarized above are as follows:1) We (my friend and me) as ordinary people are so long discussing about the renewal of the Lease Agreement executed on 30.09.1988. But since you replied on behalf of your client, I prefer to mention that your client has erred by not disclosing you the overall fact that I am unable to give your client vacant possession of the property mentioned in the Lease Agreement executed on 30.09.1988 as on his request I had already handed over your client my possession of the Ground Floor sometimes in 1989, consisting of 1(one) bedroom, 1(one) kitchen and 1(one) covered space [Dalan] of the lease hold property mentioned in the schedule of the Lease Agreement registered and executed on 30.09.1988 when your client approached me for accommodation of his family because he had no accommodation in the said premises to live in as there were 4(four) other tenants excluding me, and he is residing at the said portion till today. Instead, your client proposed, agreed & allowed to construct asbestos shed 1(one) room and 1(one) kitchen on the open space on the 1st Floor above the Ground Floor shop on the eastern side of the building to accommodate my family members, dependent mother, dependent brother & his family and accordingly I constructed 1(one) asbestos shed room and 1(one) kitchen on the 1st Floor of the said building in 1989 and I incurred the total cost Rs.30,000/-(Rupees Thirty Thousand only) for this and that your client had agreed to repay the said amount. This was all initially done on the request of your client and verbal discussion between us purposefully to accommodate my friend & his family members in the lease hold property and subsequently an unregistered Lease Agreement was made when we have stepped out from the said Registered Lease Agreement.

Therefore I am now in possession of 3(three) bedrooms including 1(one) asbestos shed room & one kitchen and toilet with one verandah on the 1st Floor of the building & not the lease hold property as mentioned in the said Lease Agreement. Thus the description and character of the scheduled Lease hold property mentioned in the Lease Agreement executed & registered on 30.09.1988 and the terms mentioned there to have been basically changed. As a result the said Lease Agreement became inactive, inoperative & defunct from that day onwards when I handed over your client my possession on the Ground Floor of the Lease hold property & constructed 1(one) asbestos shed room and 1(one) kitchen on the 1st Floor of the said building. Over and above I once again confirm that your client has accepted the rent for the month of October 2009 and thus the tenancy is being continued & my possession is not unlawful & unauthorized. 2) That induction of an unauthorized person is absolutely a false allegation. Be it mentioned that as a tenant under your client in respect of 1st Floor consisting of 3(three) bedrooms, kitchen, etc. of the said building, my possession is always lawful. 3) That I am disappointed to note this statement. The best option to escape from the truth is denying the fact. 4) That I have not written anything wrong in my earlier letter. May be there is a confusion and needs clarification. What I meant was that your client told me that the whole amount of Rs.18,000/-(Rupees Eighteen Thousand only) paid as premium, according to him is not fully adjusted and there is some unadjusted premium amount. Apart from this, I would like to mention that there are total 5(five) tenants including ourselves with or without any agreements. Some of them are very old tenants like us. In fact, I hope that for the sake of my childhood friend, incidentally your client and me you are requested to kindly advise your client to settle this issue on negotiations before taking this matter to the Court of Law and I strongly believe that it will work out as we did in the past and I do not want or even thought of that your client with whom we have a long standing bondage of love, friendship & affection should be in trouble due to crunch of his accommodation space. Thanking you, From: Sri Sambhu Nath Ghosh 38, Pathak Para Road (1st Floor) P.S. Behala Kolkata 700060. CC: Sri Prodip Kumar Sadhukhan 38, Pathak Para Road (Ground Floor) P.S. Behala Kolkata 700060. Yours faithfully

(SAMBHU NATH GHOSH)

(SAMBHU NATH GHOSH)