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1952 Supreme(Cal) 195

K.C.DAS GUPTA, P.N.MUKHERJEE
Radharani Das – Appellant
Versus
Sisir Kumar – Respondent


Advocates:
Hemendra Chandra Sen and Nitya Ranjan Biswas, for Petitioner; Bankim Chandra Banerjee and Umaprosad Mukherjee, for Opposite Party.

Judgement

P. N. MOOKERJEE, J:- This Rule is directed against an order of the learned Munsif, First Additional Court, Alipore, rejecting the petitioner tenants application for rescission of an ejectment decree obtained against her by the landlords opposite parties. The application was made under S.6, West Bengal Premises Rent Control (Temporary Provisions) (Amendment) Act, 1950 (West Bengal Act 62 of 1950) which runs as follows:

"Where at any time between the commencement of the said Act (West Bengal Premises Rent Control (Temporary Provisions) Act, 1950-West Bengal Act 17 of 1950) and of this Act (West Bengal Act 62 of 1950) an order or decree for the recovery of possession of any premises has been made or passed by any Court but possession of such premises has not been recovered in execution of such order or decree and the Court is of opinion that the order or decree would not have been made or passed if this Act had been in force when the order or decree was made or passed, the Court may, on application by the tenant within sixty days of the commencement of this Act rescind or vary the order or decree on such terms and conditions as it deems necessary for the purpose of giving effe















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