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1952 Supreme(Cal) 238

BOSE
PHANIBHUSAN MONDAL – Appellant
Versus
B. L. GHOSE – Respondent


Advocates Appeared:
JAGNESHWAR MAJUNDAR, JYOTIRINDRA NATH DAS, PRAMATHA KUMAR CHAKRAVARTY

BOSE, J.

( 1 ) THIS is an application under Article 226 of the Constitution for an appropriate Writ for cancellation of an order of requisition dated 4-3-1952 made under the provisions of the West Bengal Premises Requisition and Control (Temporary Provisions) Act (W. B, Act 5 of 1947) and also for cancellation of a notification directing the petitioner to vacate the premises requisitioned and also for direction upon the opposite parties to forbear from giving effect to the said order of requisition and the said notification.

( 2 ) THE petitioner is a resident of Garh Kamalpur in P. S. Mahisadal in the district of Midnapore. The case of the petitioner is that he became a tenant in respect of the whole of the first floor and one room on the ground floor in a two-storied building at Garh Kamalpore of which respondent 6 is the owner under a lease dated 16-2-1952 which was for a period of 5 years and at a rent of Rs. 50/- per month. There are other tenants in respect of other rooms on the ground floor of the said premises. By a notice dated 2-4-1952 the petitioner was called upon by the Collector of Midnapore, who is respondent 1, to vacate the portion of the building in his occupatio




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