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1956 Supreme(Cal) 190

S.R.DAS, LAHIRI, K.C.DAS GUPTA, Chakrabarti, SARKAR
TARAK CHANDRA MUKHERJEE – Appellant
Versus
RATAN LAL GHOSAL – Respondent


Advocates:
Advocate Appeared:
Amarendra Mohan Mitra, Sarat Chandra Jana, Hiran Kumar Roy, Sasthi Charan, Atul Chandra Gupta, Narendra Nath Choudhury, Bijan Behari Das Gupta, Manindra Nath Ghosh, Rama Prasanna Bagchi, Prafulla Kumar Roy, Hirendra Chandra Ghose, Ajay Kumar Basu, Sukumar Sen

Judgement

Chakravartti, C J

[1] By three separate orders marie in three different cases under Rule 1(ii) Chapter II of the Appellate Side Rules, a Division Bench has referred practically the same question of law for decision by a larger Bench. The question concerns the effect of the repeal of the West, Bengal Premises Rent Control (Temporary Provisions) Act. 1950 by Act XII of 1956 on proceedings pending on the date of the repeal. The repealed Art was a temporary Act, due to expire on the 31st March, 1956 and it was repealed on that very date. One of the cases out of which the references have arisen is a second appeal, one is an appeal under Clause 15 of the Letters Patent and one is a re vision under Section 32(4) of the repealed Act.

[2] In the second appeal, S. A. No. 842 of 1954, the facts are that six persons who were the co-owners of a house brought a suit for the ejectment of the tenant occupying it on the ground that they required the house for their own occupation and had terminated the tenancy by a notice to quit. Subsequently, the sixth plain tiff was transferred to the category of defendants. The trial court found that the requirement of the plaintiffs had been establishe

















































































































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