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1978 Supreme(Cal) 414

JYOTIRMOYEE NAG
Baidyanath Roy – Appellant
Versus
Anej Bibi – Respondent


Advocates Appeared:
Kalidas Basu and Nandalal Shaw, for the Petitioners
J. Islam and S. N. Jas, for the Opposite party

JUDGMENT

This Rule is directed against the judgment passed in Misc. Appeal No. 20 of 1976 setting aside the order dated 19.2.76 passed by the learned Rent Controller of Rampurhat in Misc. Case No. 234 of 1974 under Section 34 of the West Bengal Premises Tenancy Act, 1965. An application under Section 34 of the West Bengal Premises Tenancy Act for permission to repair the premises of the petitioners was made before the learned Rent Controller and by his order dated 19.2.76 the learned Rent Controller was pleased to grant permission to the petitioners in that case to make the necessary repairs at a cost not exceeding six months rent. Against that the landlord preferred an Appeal and the learned Appellate Officer was pleased to set aside the order of the Rent Controller as stated above. In that case before the Rent Controller there were three petitioners who were the tenants in respect of three different portions of the same premises. So far as these tenants are concerned, the landlord had instituted an Ejectment Suit after giving notice to the tanants under Section 13(6) of the West Bengal Premises Tenancy Act. Two of the suits against two of the petitioners were withdrawn and the lan



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