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1995 Supreme(SC) 207

S.B.MAJMUDAR, S.MOHAN
State Of W. B. – Appellant
Versus
Ajoy Kumar Das – Respondent


(1) THE respondents are the owners of Premises No. 17, Convent Road, Calcutta consisting of 9 bighas, 4 cottahs, 9 chhataks, 2 sq. ft. of land together with the factory building and structures. The respondents executed a deed of lease on 29/12/1951, in favour of Westing House Saxby Fanners Limited. The lease is for a period of 30 years. The monthly rent/consideration was of a sum of Rs. 2,500.00. By efflux of time, this 30 years lease came to an end on 31/5/1981. On 23/4/1981 before the expiry of the lease, notice to vacate the premises was issued to the lessees.

(2) ON 18/1/1982, the Calcutta Thika Tenancy (Requisition and Acquisition) Act, 1982 came into force. Section 5 of the Act states as follows:

"WITH effect from the date of commencement of the Act, lands comprising in Thika tenancy and other land held by any person in perpetuity or under registered lease for a period not less than 12 years or held in monthly or on a periodical tenancy for any land used as khatals, the rights, title of the landlord in such land shall vest in the State.

"

(3) WHAT happened thereafter is really interesting. On 18/8/1982, notice was issued by the First Land Acquisition










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