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1993 Supreme(Cal) 432

RABIN BHATTACHARYYA, S.C.SEN
SANAT KUMAR MUKHERJEE – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Amitava Lala, D.K.ROY, RAM DULAL MANNA

R. BHATTACHARYYA, J.

( 1 ) THIS Appeal is directed against the judgment dated 18th of January, 1988, passed by his Lordship the Hon'ble Mr. Justice Shamsuddin Ahmed on an application under Article 226 of the Constitution of India, 1950.

( 2 ) TO understand the contentions, a few antecedent facts need be stated.

( 3 ) THE uncontroverted facts of the case are that the appellants although two different recipients came by the properties by two separate deeds of even date consisting of Dag Nos. 3134 and 3141 respectively appertaining to two Khatians of Mouza Behala of Dist 24-Pgs. The steps preceding to mandatory provisions as engraved under sections 26 (l) of the Urban Land (Ceiling and Regulation) Act, 1976 for registration were duly obeyed and fulfilled. It is notorious from the twin deeds that Dag No. 3130 is a Tank comprising an area of three Cottahas, the nature and character did not undergo any change while Dag No. 3141 is a Dunga land comprising an area of five Cottahas and 14 Chittaks of land. It is needless to repeat that the names of the purchasers were duly mutated followed by payment of rent without raising any finger of protest. But to the utter dismay of the appellants












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