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2008 Supreme(Cal) 453

KALYAN JYOTI SENGUPTA, PRASENJIT MANDAL
Dipak Kumar Singh – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For the Appearing Parties:A.N. Banerji, Bandhubrata Bhula, Krishnendu Bhadra, Susmita Pal, Tapan Mukherjee, Upendra Roy, Ziaul Islam, Advocates.

JUDGMENT:

K. J. SENGUPTA, J.

(1) THE applicant before us having lost in eviction suit (Ejectment Suit No. 369 of 2004) before the learned 6th Court of Civil Judge (Junior Division) at Alipore had preferred appeal before the West Bengal land Reforms and Tenancy Tribunal (hereinafter referred to as the said tribunal) challenging the said decree of dismissal. The learned Tribunal by brief judgment and order dated 12th March, 2007 rejected such challenge. The applicant before us has impugned both the judgment and order. The applicant filed the suit for eviction against the respondent on the ground of default, reasonable requirement, building and re-building. At the time of hearing of the suit before the learned Civil Judge the ground for reasonable requirement was not pressed. The other grounds were examined by the learned Civil Judge and found the plaintiff viz. the applicant had failed to prove the case of default and also building and re-building.

(2) MR. Tapan Kumar Mukherjee, learned Advocate, appearing in support of this application, contends that under mistaken advice of law his client filed an application before the learned Tribunal to challenge the decree of dismissal of the l











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