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1999 Supreme(Cal) 252

SATYABRATA SINHA, SAMARENDRA NATH BANERJEE
PRIYA BRATA MAITY – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Asok Deb, GOUTAM MUKHERJI, M.C.Das, PRATAP ROY, SAMIRAN GIRI, SOUMEN DUTTA

S. N. BHATTACHARJEE, J.

( 1 ) THIS appeal directed against the order dated 29-9-1997 passed by a single Judge of this Court in W. P. No. 9960 (W)/97 projects a disturbing picture where in an ordinary private dispute between the landlord and tenant, the statutory public authority joined hands with one side in deliberate defiance of the Court's order and in brazen violation of the statutory rules thereby causing irreparable loss and injury to other.

( 2 ) SRI Haripada Khalsa, the writ petitioner/respondent was a tenant under Sri Priya Brata Maity, the appellant, in the disputed premises at Manickchak, Contai, Dist. , Midnapore since February, 1975 at a rental of Rs. 150/- per month. Following a dispute between the parties regarding repair works of the tenanted portion of the building and alleged threat of eviction by the son of the landlord, the tenant filed a T. S. No. 134 of 1996 in the Court of 1st Civil Judge, Junior Division at Contai against the landlord and obtained an order for interim injunction on 14-8-1996 restraining the landlord from evicting the tenant from the suit premises till the disposal of the petition for temporary injunction. Sensing that the landlord had been

















































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