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1988 Supreme(Cal) 61

SUSANTA CHATTERJI
NIREN SAMANTA – Appellant
Versus
RENT CONTROLLER, CALCUTTA – Respondent


Advocates Appeared:
R.N.DAS MOHAPATRA, TARUN CHATTEJEE

SUSANTA CHATTERJEE, J.

( 1 ) - The present revisional application under Article 227 of the Constitution of India has been filed by the landlord/petitioner challenging Order, dated 21. 8. 87 passed by the learned Rent Controller, Calcutta in R. C. Case No. 6 of 1986. By the impugned order the learned Rent Controller at the time of passing the final order in an application under Section 36 of the West Bengal Premises Tenancy Act found that the proof of tenancy has not satisfactorily been placed by the applicant/tenant and he has given another opportunity to the applicant to prove his tenancy as a last chance by production of documents. Being aggrieved the landlord has come to this Court.

( 2 ) HAVING heard Mr. Chatterjee for the petitioner and Mr. Das for the opposite parties at length, it appears that an application under Section 36 of the West Bengal Premises Tenancy Act was filed and the landlord contested the same contending inter alia that the applicant is not a premises tenant as there is no premises at all. The applicant happens to be a tenant in respect of land and no provisions of West Bengal Premises Tenancy Act are attracted in the instant case. In the original applicati





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