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2000 Supreme(Cal) 483

D.K.SETH
FALAKATA INDUSTRIES LTD – Appellant
Versus
ADDL. DISTRICT MAGISTRATE AND DIRECTOR OF LAND AND LAND REFORMS OFFICER, JALPAIGURI – Respondent


Advocates Appeared:
MIRU HAZRA

D. K. SETH, J.

( 1 ) -PETITIONER claims non-agricultural tenancy in respect of the land and therefore he claims that he cannot be evicted by reason of lease granted to him in 1980. Petitioner claims non-agricultural tenancy in respect of the land and therefore he claims that he cannot be evicted by reason of lease granted to him in 1980.

( 2 ) THE definition 'land' was substituted by Act 50 of 1981 being the West Bengal Land Reforms (Amendment) Act, 1981. The said definition reads as follows :"section 2 (7) :- 'land' means land of every description and includes tank, tank fishery, fishery, home-stead or land used for the purpose of live-stock breeding, poultry firming, dairy of land, comprised in tea garden, milll, factory, workshop, orchard, hat, bazar, ferri tolls or land having any other sairati interest and any other land together with all interests and benefits arising out of land and things attached to the earth or permanently fastened to anything attached to earth. "

( 3 ) THUS, by reason of such amendment land of all description having since been included with effect from the date of coming into operation of the said amendment Act being 7th of August 1969, land of every d















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