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1978 Supreme(SC) 115

D. A. DESAI, R. S. PATHAK, Y. V. CHANDRACHUD
Santimay Dey – Appellant
Versus
Suraiya Properties Private LTD. – Respondent


JUDGMENT

CHANDRACHUD, CJI. :— On August 16, 1958 the State of West Bengal requisitioned Block N in a three storied building situated at No. 153/3, Upper Circular Road, Calcutta. The Block was allotted to the appellants brother but on his transfer from Calcutta, it was allotted to the appellant on April 1, 1965. Respondent 1, Suraiya Properties Private Ltd., who are the owners of the building, thereupon filed a suit to challenge the requisition and allotment. That suit having been dismissed in May 1965, they filed a writ petition to challenge the validity of the requisition. By a judgment dated July 17, 1973 a learned single Judge of the Calcutta High Court upheld the order of requisition but quashed the order of allotment in favour of the appellant. On the very next day, that is, on July 18, 1973, the appellant applied for a certified copy of the judgment. He obtained the certified copy on May 31, 1957 and filed Letters Patent Appeal 164 (184 ?) of 1975 against the judgment of the single Judge on June 10, 1975.

2. When the appeal came up for hearing, an objection was raised on behalf of respondent 1 that the appeal was barred by limitation since the appellant was not, for the purpos







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