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K. N. WANCHOO, V. BHARGAVA, G. K. MITTER
Gopi Kanta Sen – Appellant
Versus
Abdul Gaffur – Respondent
JUDGMENT :
G.K. Mitter, J.
1. This is an appeal by a certificate granted by the High Court at Calcutta from a judgment and decree in Second Appeal passed by that court in January, 1961. The question before us is, whether the respondent No. 1 was entitled. to the benefit of the Calcutta Thika Tenancy Act, 1949, as amended finally by an Act of 1953.
2. The facts necessary for the disposal. of this appeal are as follows. On the 18th June 1948, the plaintiff, the appellant before us, instituted Suit No. 292 of 1948 for ejectment of three Persons, namely, Abdul Rahim, Abdul Hamid and Abdul Gaffur, from the property in suit (a parcel of land about 1 cottah 8 chittaks being part of premises No. 6/1, Shibtola Lane, Entally, Calcutta). In the notice to quit served on the 7th May, 1948 the first two persons were described as tenants under the plaintiff and the third as a person who had purported to purchase the structures on the land and the tenancy right therein. In the plaint itself, the first two defendants were described as thika tenants. No claim was made for rents or taxes although it was alleged that the same were in arrears. The suit was contested only by the third defendant who filed
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