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2013 Supreme(Cal) 706

BISWANATH SOMADDER
BASANT PRAN – Appellant
Versus
R. C. WALIA – Respondent


Advocates Appeared:
For the Petitioners:Mr. Aninda Mitra, Sr. Advocate, Mr. Samit Talukdar, Mr. Bhaskar Mukherjee, Ms. Debjani Ghosh, Advocates
For the Respondents:Mr. B.K. Ghosal, Sr. Advocate, Mr. Somenath Bose, Mr. Priyabrata Mukherjee, Mr. Joydeep Sen, Mr. Shakeet Mohammed Akhter, Advocates

JUDGMENT

BISWANATH SOMADDER, J.

1. The instant revisional application has been filed under Article 227 of the Constitution of India by a registered partnership firm and the subject matter of challenge is a judgment and an order dated 24th May, 2007 passed by the learned Judge, 12th Bench, City Civil Court at Calcutta in a statutory appeal preferred by the petitioner against an order dated 21st April, 1999 passed by R.C. Walia, Estate Officer, Directorate of Estates, Ministry of Urban Affairs and Employment, Government of India, under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short, “the Act of 1971”).

2. It is contended by the learned counsel for the petitioner that since 1948, the petitioner was a tenant of room no.71 at premises nos.9, 10, 11 and 12, Old Court House Street, Kolkata – 700001, which belonged to F & C Osler (India) Limited and which is now in liquidation. Room no. 71 is on the southern side of the premises nos.9, 10, 11 and 12, Old Court House Street, Kolkata – 700001. After F & C Osler (India) Limited went into liquidation and premises nos.9, 10, 11 and 12, Old Court House Street, Kolkata – 700001 were put up for sale by































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