Judgment :

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Calcutta High Court allowing the writ petition filed by the respondents. Challenge in the writ petition was to the judgment and order passed by the West Bengal Reforms and Tenancy Tribunal (in short the ‘Tribunal) whereby the earlier writ petition filed by the respondents was dismissed.

3. Background facts, as projected by appellant, in a nutshell, are as follows:

Originally, one Durga Bala Acooli, the predecessor-in-interest of the appellant was the owner of the premises being 18/1, Ramesh Mitra Road, Kolkatta. In terms of the final decree passed in Suit No.467 of 1970 the Calcutta High Court, the appellant claimed to have become the absolute owner of the suit property. The aforesaid Durga Bala Acooli had inducted one Ratan Chandra Byen as monthly tenant in respect of premises i.e. land with structures and/or sheds. On 2.11.1981 the Calcutta Thika Tenancy (Acquisition & Regulation) Act, 1981 (in short the ‘Act) came into force. On 5.5.1982 in exercise of power conferred by Section 20 of the Act the State Government framed Calcutta Thika Tenancy (Acquisition