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1996 Supreme(Cal) 397

Satyabrata Sinha, SATYA NARAYAN CHAKRABARTY
K. G. Patel & Co. – Appellant
Versus
Chandra Devi Bothra – Respondent


Advocates:
Advocate Appeared:
S. Pal for the appellant;
Sakti Nath Mukherjee, Pradip Ghosh for the respondents.

Judgment

Satyabrata Sinha, J :

1. This appeal is directed against a judgement and order dated 27th May, 1996 passed by a learned single Judge of this court in Writ Petition No. 847 of1996 wherein the said learned trial Judge allowed the writ petition filed by writ petitioner-respondent No.1 quashing an order dated 8.2.96 passed by the Calcutta Municipal Corporation mutating the name of the appellant.

2. The fact of the matter lies in a very narrow compass. .

3. The properties in question admittedly belonged to Trust Estate of Nagendra Nath Sett as owners of 45 Chittaranjan Avenue which allegedly let out vacant land to Md. Rasul whereafter allegedly one Bejoy Timber & Co. constructed certain structures. The appellant claims himself to have purchased the said structures by reason of deed of conveyance dated 8th November, 1951, as a result whereof they are said to have become sub-lessees of Md. Rasul. A suit for ejectment was instituted against Md. Rasul by the Trust in 1955 which was allegedly decreed. It is stated that upon sanction granted by the Corporation in favour of the appellant, it constructed privy etc. in the said land.

4. Apparently on 11th October, 1966 the appellants were




































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