SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1958 Supreme(Cal) 126

K.C.DAS GUPTA, DEBABRATA MOOKHERJEE
SUDHAKAR MUKHERJEE – Appellant
Versus
GOFUR SHEIKH – Respondent


Advocates Appeared:
A.D.MUKHERJI, AMULYA KUMAR MUKHERJEE, ARUN KISHORE DAS GUPTA, S.C.MITTER

K. C. DAS GUPTA, J.

( 1 ) AFTER the present petitioner has been recorded in the draft record of rights published under Section 44 (1) of the West Bengal Estates Acquisition Act, 1953, as the person in actual possession of certain plots of" land, an objection was taken in accordance with the provisions of that section and was rejected by the Revenue Officer. Against this order of rejection, the present opposite parties, who claimed to be the persons in actual khas possession as korfa tenants, appealed to the Tribunal under the provisions of Section 44 (3) of the Act. That appeal is still pending for decision. In the meantime, immediately after the appeal was filed, the opposite parties made an application for an order of temporary injunction, restraining the present petitioner from dispossessing or causing obstruction to the appellant's peaceful possession of the disputed land. The Tribunal overruled the objection raised by the present petitioner that a Tribunal under this Act had no jurisdiction to make any order of temporary injunction and purporting to act as a Civil Court, exercising powers under Order 39, Rule 1 or Rule 2 of the Civil Procedure Code or under Section 151 of the




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top