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1964 Supreme(Cal) 80

Bachawat, A.K.Mukherji
Chayahahi Mukherjee – Appellant
Versus
Asst Secretary Land And Land Revenue Deft Requisition Branch State Of West Bengal – Respondent


Advocates Appeared:
M.M. Sen, R.C. Deb, S.K. Bose, S.N. Ghorai

Judgment

1. THE appellant is the owner of the land and building at No. 1/6, Prince Golam mohammad Road, Calcutta. One D. C. Goswami was a tenant of the entire ground floor of the building. The appellant obtained a decree for ejectment of the tenant, and started proceedings for execution of the decree. The connected Misc. Case was disposed of on July 23, 1960 in terms of a compromise by which the tenant agreed to vacate the premises on the expiry of October 1960. On October 31, the executing court rejected an application by the tenant for further time till November 3, and issued a writ for delivery of possession of the premises. Before this writ could be executed, the State Government passed an order on November 2, under section 3 (1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (West Bengal Act V of 1947) requisitioning the premises and directing the 1st Land Acquisition Collector, Calcutta to take possession of it. The order stated that "in the opinion of the State Government the premises. . . . . . . . . . . . are needed for a public purpose. " On November 3, the Collector took possession of the requisitioned premises from the tenant and und






















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