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1957 Supreme(Cal) 20

CHAKRABARTI, LAHIRI
SATYA NARAYAN NATHANI – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Amiya Kumar Chatterjee, BINAYAK NATH BANERJEE, NIRMAL CHANDRA CHAKRAVARTY, PRAVAT SEN GUPTA

CHAKRAVARTTI, C. J.

( 1 ) THE appellant, Satya Narayan Nathani, complains of the requisition of a flat in the ground-floor of Premises No. 102-G, Russa Road, which is owned by him. He says that the requisition was not for a public purpose and such requisition being forbidden by the Constitution, it was unlawful and void.

( 2 ) THE history of the requisition which is spread over a period exceeding four years makes strange reading. It appears that in 1945, there was a tenant in the flat whom the appellant did not wish to be there. Accordingly, he filed a suit for his ejectment and obtained a decree. The tenant appealed and having failed before the District Court, preferred a second appeal to this Court in which he failed again. Those proceedings lay between 1945 and 1948. Thereafter, on the 27th of October, 1948, an order under Section 8 (1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947, requisitioning the premises, was served on the appellant, but it was rescinded on the 7th of November, 1949, on a representation being made to the Government that the appellant required the flat for his own use and occupation. ' Some seven months later, a proh




















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