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2014 Supreme(Cal) 383

JYOTIRMAY BHATTACHARYA, ISHAN CHANDRA DAS
Saswati Bhattacharya – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Mr. Saktinath Mukherjee, Senior Adv., Mr. Santimay Panda, Adv., Mr. Tapas Kumar Sil, Adv., Mr. Debanjan Mandal, Adv., Mr. Biswajit Kumar, Adv., Ms. Shruti Swaika, Adv.
For the Respondent Nos. 3, 4, 5 & 6: Mr. Sudhis Dasgupta, Adv., Mr. Sibasish Ghosh, Adv., Mr. Krishnaran Takkar, Adv., Mr. Aniruddha Poddar, Adv., Mr. Anurag Bagaria, Adv.
For the State: Mr. Sadananda Ganguly, Adv.

Judgment

Jyotirmay Bhattacharya, J.

This writ petition is directed against the judgment and/or order dated 12th June, 2013 passed by the West Bengal Land Reforms and Tenancy Tribunal in Tribunal Application being O.A No. 2337/08 (LRTT) at the instance of the writ petitioners who were the applicants before the Learned Tribunal.

Let us now consider the merit of the instant writ petition in the facts of the present case. Admittedly, Chapala Sundari Devi, the predecessor-in-interest of the writ petitioners was the owner of Premises being No.115A , Rash Behari Avenue, Calcutta. The said Chapala Sundari Devi inducted one Udit Narayan Singh, the predecessor-in-interest of the private respondents in respect of the land comprising in Premises No.115A, Rash Behari Avenue, Calcutta as monthly tenant thereof sometime in 1948. Chapala Sundari Devi died sometime in 1951. During her life-time, rent was realized from the said Udit Narayan Singh by grant of rent receipts describing the said Udit Narayan Singh as “Thika Praja”.

After the death of Chapala Sundari Devi, one of her sons, namely, Paresh Chandra Chakarborty representing himself as “Karta” of Hindu joint family executed a lease agreement on 1
































































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