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High Court Of Calcutta
Sankar Prasad Mitra, S. K. Datta
SANTIMOY DEY - Appellant
Versus
SURIYA PROPERTIES PRIVATE LTD. - Respondent
Appeal 184 Of 1975
Decided On : 11/27/1975
LIMITATION ACT, 1963 - SECTION 12(2) - WEST BENGAL PREMISES REQUISITION AND CONTROL (TEMPORARY PROVISIONS) ACT 1947 - SECTION 7, 8, 9 - APPEAL - LIMITATION - COMPUTATION OF TIME - REQUISITE TIME FOR OBTAINING COPY OF ORDER - INTERPRETATION.
Fact of the Case:
Santimoy Dey, an employee of the West Bengal Government, was allotted requisitioned premises for residential purposes. The owner of the premises, Suriya Properties Private Limited, challenged the allotment in a writ petition, which was allowed by the High Court. The State of West Bengal filed an appeal against the judgment, which was dismissed. Santimoy Dey filed an appeal against the judgment after the expiry of the limitation period, contending that the time taken for obtaining a certified copy of the order should be excluded in computing the limitation period.
Finding of the Court:
The court held that the appeal was barred by limitation. It held that the word 'requisite' in Section 12(2) of the Limitation Act, 1963 means 'properly required' and that the appellant had not shown that no part of the delay beyond the prescribed period was due to his default.
Issues: Whether the appeal was barred by limitation.
Ratio Decidendi: The court held that the appellant had not been able to explain to its satisfaction why he did not inform the Copying Department that the order had been filed for nearly two years. It held that the time taken by the appellant in obtaining the certified copy of the order was not a time 'requisite', that is to say, was not a time 'properly required'.
Final Decision: The appeal was dismissed.
( 1 ) ON the 16th August, 1958, the State of West Bengal requisitioned three rooms on the first floor and one room on the second floor of premises No. 153/34, Acharya Prafulla Chandra Road, Calcutta-6 from Suriya Properties Pvt. Ltd. These rooms were allotted for residential purposes of Shri Chandrahas Dey, an employee of the State Government who was working at the material time at the Lake Depot of the State Transport Corporation.
( 2 ) ON April 1, 1965, Chandrahas was transferred to Durgapur. He requested the State Government that the requisitioned property should be transferred to Santimoy Dey, the present appellant, who was ao Upper Division Clerk of the Health Department of the Government and a younger brother of Chandrahas. He asked for this transfer to enable the members of his family to reside in the requisitioned premises. The Government of West Bengal, it appears, complied With the request. Thereupon Suriya Properties Private Limited, as the owner of the premises, filed an application under Article 226 being Matter No. 394 of 1965, challenging the said transfer. Santimoy Dey was a party to this application.
( 3 ) MR. Justice Ghose, on the 17th July, 1973 quashed the allotment order of the West Bengal Government in favour of Santimoy Dey.
( 4 ) THE State of West Bengal preferred an appeal against the judgment of Mr. Justice Ghose on the 24th December, 1973, being Appeal No. 398 of 1973. Santimoy Dey was the respondent No. 3 in this appeal.
( 5 ) ON the 21st June, 1973, the Land Acquisition Collector gave notice to Santimoy to vacate the requisitioned premises by the 31st August, 1974, stating that the Government had decided to de-requisition the premises.
( 6 ) THE said Appeal No. 398 of 1973 came up for hearing before me and my learned brother Mr. Justice S. K. Roy Chowdhury on August 10, 1974. When the appeal was called on for hearing, Counsel for the appellant stated that his instruction was not to proceed with the appeal. The appeal was dismissed and all interim order were vacated.
( 7 ) ON July 30, 1974, the First Land Acquisition Collector gave notice to Santimoy again to vacate the requisitioned premises by November. 1974. On the 17th February, 1975, the Deputy Secretary, Land Revenue Department informed Santimoy that he should vacate by the 31st March, 1975, positively, failing which, action according to law would be taken. On the 4tb April, 1975, the First Land Acquisition Collector served a notice under Sub-section (1) of Section 7 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act 1947 on Santimoy to vacate the premises within 14 days. Santimoy, on 21-4-1975, filed an appeal before the Commissioner, Presidency Division under Section 8 against the First Land Acquisition Collector's order aforesaid.
( 8 ) AGAIN, on the 28th April, 1975, the First Land Acquisition Collector served notice under Section 9 of the said Act, stating that possession of the premises will be taken by the Police on May 8, 1975 at 3 P. M.
( 9 ) THEREUPON, on the 5th May, 1975, Santimoy filed an application under Article 226 challenging the order under Section 9 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act in the appellate side of this Court. He obtained a rule and an injunction restraining the respondents from proceeding with or taking any steps in terms of the said notice under Section 9.
( 10 ) ON the 10th June, 1975, Santimoy filed the present Appeal No. 184 of 1975 against the order of Mr. Justice S. C. Ghose passed on the 17th July, 1973.
( 11 ) ON August 25, 1975, Suriya Properties Pr. Limited made an application to us stating that the Memorandum of Appeal filed on the 10th June, 1975, by Santimoy Dey be taken off the file or rejected or dismissed. The principal contention being that the appeal is barred by limitation.
( 12 ) NOW, the order appealed against was passed on the 17th July, 1973. The time for filing of appeal against the
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