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1965 Supreme(SC) 84

M. HIDAYATULLAH, P. B. GAJENDRAGADKAR, V. RAMASWAMI
Sheikh Gulfan – Appellant
Versus
Sanat Kumar Ganguli – Respondent


Advocates:
D.N.MUKHERJI, G.S.PATHAK, GANPAT RAI, S.S.Khanduja, W.S.Barlingay

Judgment

GAJENDRAGADKAR, C.J.I. : The short question which these six appeals raise relates to the construction of section 30(c) of the Calcutta Thika Tenancy Act, 1949 (W. B. Act No. II of 1949) (hereinafter called the Act ). This question arises in this way. The respondent Sanat Kumar Ganguli is the owner of a plot of land being premises No. 12, Haldar Lane, in Central Calcutta. This plot had been let out in several lots to the predecessors-in-title of the six appellants. On July 24, 1954, the respondent filed six suits Nos. 2245 to 224 of 1954 against the six appellants respectively on the original side of the Calcutta High Court, claiming decrees for ejectment against them and asking for arrears of ground rent and Municipal taxes.

2. The appellants contested the respondent s claim on the ground that the lands in suits had been taken by their predecessor-in-title from the owner as Thika tenants in or about the year 1900, and they alleged that they were in occupation of the said plots after having built substantial structures on them. The appellants further claimed that they had themselves let out portions of such structures to their own tenants. On these allegations, a preliminary






























































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