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1959 Supreme(Cal) 197

R.S.BACHAWAT, S.C.LAHIRI
MUKUNDA DAS NANDY – Appellant
Versus
BIDHAN CHANDRA ROY – Respondent


Advocates Appeared:
A.K.MUKHERJEE, ATUL CHANDRA GUPTA, BENAYENDRA DEV ROY, CHANDRA NARAYAN LAIK, J.N.MUKHERJEE, JNANENDRANATH DE, P.C.CHUNDER, R.C.DEV, RABINDRA NARAYAN BHATTACHARYA, S.M.BOSE

LAHIRI, CJ.

( 1 ) THIS is an application for a certificate under Article 133 (1) (a) at the Constitution that the amount of value of the subject matter of dispute in the Court of first instance and still in dispute on appeal is not less than Rs. 20,000/-; and also under Article 133 (1) (c) of the Constitution that the case is a fit one for appeal to the Supreme Court.

( 2 ) THE facts which are relevant for the purposes of the present application are as follows:

( 3 ) ONE Krishnadas Nandy was a monthly tenant under the plaintiff-respondent No. 1 at a monthly rent of Rs. 450/- payable according to English Calendar in respect of premises No. 33 Rowland Road. On June 23, 1955 the plaintiff-respondent No. 1 instituted a suit for ejectment of Krishnadas Nandy alleging that he reasonably required the premises for his own occupation. In the plaint the suit was valued at Rs. 6,400/-, Rs. 5,400/- for ejectment and Rs. 1,000/- for mesne profits. On August 10 1956, the suit ended in a decree in favour of the plaintiff-respondent No. 1. On September 11, 1956 the defendant Krishnadas Nandy filed , an appeal against that decree to this Court and that appeal was registered as A. F. O. D. Not 338












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