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

1992 Supreme(Cal) 171

A.N.RAY
LEE, MUIHEAD (I) PVT. LTD – Appellant
Versus
BOARD OF TRUSTEES FOR PORT Of CALCUTTA – Respondent


Advocates Appeared:
P.K.ROY, Suresh P.Mazumdar

A. N. RAY, J.

( 1 ) IN this, writ petition, the writ petitioner challenges a notice of termination of a licence in regard to a flat in a residential area at Haldia. 1he notice of termination is dated 15. 1. 87 and is annexure 'd' to the writ petition. The writ petitioner, at all material times, was licensed by the respondent authorities to engage themselves as clearing agents, and thus enter into, for their purposes, the protected port area of both Calcutta and Haldia.

( 2 ) THE flat was taken under an agreement of 1979 - ostensibly under a licence, at a licence fee of Rs. 1,200/-, for three months, revocable on seven days' notice. Though the terms were such, the writ petitioner-licensee has continued in possession of the flat for the past 13 years, paying the agreed fees.

( 3 ) THE case of the respondent Port Trust is that, the writ petitioner was a mere licensee in the flat. But the writ petitioner states that even according to a receipt dated as late as 25. 6. 87, moneys in respect of the flat were accepted as rental. Be that as it may, it is on record that the Port Authorities once attempted to terminate the occupational agreement of the writ petitioner in 1982. By a letter

















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