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1952 Supreme(Cal) 40

BOSE
ABDUL HAMID – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.K.MUKHERJEE, SUBIMAL C.ROY

BOSE, J.

( 1 ) THIS is an application under Article 226 of the Constitution for appropriate writs for cancellation of an order of requisition dated 8th May 1950, purported to be passed under the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (Act 5 of 1947) and for direction upon the opposite partics to forbear from giving effect to that order or taking any steps or proceedings thereunder.

( 2 ) THE petitioner is the owner of premises No. 2 Chhaku Khansama Lane, Calcutta. The case of the petitioner is that prior to March 1950 the petitioner let out the premises to one Yusuf Miah at a rent of Rs. 300 per month. In or about the month of March 1950 communal disturbances broke out in Calcutta and the area where the petitioner's premises was situated was badly affected by such disturbances, with the result that refugees from East Pakistan and other persons forcibiy ousted all the sub-tenants under the said Yusuf Miah (who were all Muslims) from the said premises. Yusuf Miah immediately thereafter left for East Pakistan. In April 1950 the Nehru-Liaquat Ali Pact being entered into, the said Muslim tenants who were driven out of the said premises by the ref







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