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2012 Supreme(Cal) 315

PRANAB KUMAR CHATTOPADHYAY, MRINAL KANTI SINHA
Kolay Properties (P) Ltd – Appellant
Versus
The State of West Bengal – Respondent


Advocates Appeared:
For the petitioner:Saktinath Mukherjee, Sumit Talukdar, Amiya Narayan Mukherji, Dip Narayan Mukherji, Ashoke Kr. Majumdar, Dipayan Kundu. Advocates.
For the Respondent Nos. 4-10:Ashesh Kr. Bhattacharyya, Ms. Pratima Mishra, Chandi Charan De, Tapan Kumar Mukherjee, Nilotpal Chatterjee Advocates.

Judgment :

PRANAB KUMAR CHATTOPADHYAY, J.

Both the writ petitions have been filed assailing the common judgment and order dated 30th March, 2011 passed by the West Bengal Land Reforms and Tenancy Tribunal in

O.A. No. 2576 and 2577 of 2009. In these writ petitions several important issues relating to the concept of Thika Tenancy have been raised for consideration and adjudication by this Court. We have heard the writ petitions analogously since both the writ petitions arise out of a common judgment and order passed by the learned Tribunal.

From the records, we find that one Biswanath Pal was the owner of 14 Cottahs of land in respect of the premises in question. Out of the aforesaid 14 Cottahs, 5 Cottahs of land on the eastern portion of the premises in question was in occupation of K. C. Ghosh & Company. The balance 9 Cottahs of land on the western portion of the said premises was let out to one Sripada Mitra in the year 1937. The said K. C. Ghosh & Company left the aforesaid 5 Cottahs of land on the eastern portion of the premises in question which was thereafter developed by the successor of Biswanath Pal namely, Ambar Nath Pal. The said owner namely, Ambar Nath Pal sold the rem



































































































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