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2016 Supreme(Cal) 883

INDIRA BANERJEE, SAHIDULLAH MUNSHI
Shahi Enclaves Private Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Mr. P. Chidambaram, Sr. Advocate, Mr. Surajit Nath Mitra, Sr. Advocate, Mr. Jaydeep Kar, Sr. Advocate, Ms. Manju Agarwal, Mr. Kunal Vajani, Mr. Bajrang Manot, Mr. Abhishek Vishal, Advocates.
For the Respondent:Mr. Lalit Mohan Mahata, Mr. Prasanta Behari Mahata, Mr. Ashok Kr. Banerjee, Sr. Advocate, Mr. Shibaprasad Mukherjee, Mr. Subrata Goswami, Mr. Pradip Kundu, Mr. Satya Narayan Shaw, Mr. Rajesh Kr. Shaw, Mr. Jiban Ratan Chatterjee, Sr. Advocate, Mr. Kaushik Bhatta, Mr. Protik Prokash Banerjee, Mr. Adnan Ahmed, Mr. Chhandak Dutta, Advocates.

JUDGMENT :

Indira Banerjee, J.

The question involved in this writ petition under Article 226 of the Constitution of India is, whether the Controller, Kolkata Thika Tenancy, had jurisdiction to entertain and proceed with the returns purported to be filed by the respondent No. 2 in respect of Premises No.40/1, Mahatma Gandhi Road, Kolkata – 700 009, where the Purabi Cinema is located, or start or proceed with Miscellaneous Case No.1 of 2013 (R/F No. 49/106) or entertain the application of the respondent Nos. 4 to 36, who claimed to be Bharatias at the said premises for being impleaded as parties to the said proceedings.

2. The writ petitioner, Shahi Enclaves Private Limited, claims to be the owner of Premises No.40/1, Mahatma Gandhi Road, Kolkata – 700 009.

3. One Satchidananda Dutt, since deceased was, during his life time, the sole owner of Premises No.31, Mirzapur Street, Calcutta, 38, Harrison Road, Calcutta and 40, Harrison Road, Calcutta, which properties were later, on amalgamation, numbered as Premises No.40, Harrison Road, Calcutta.

4. By a registered deed of lease dated 26th April 1919, the said Satchidananda Dutt leased out the said Premises Nos.38 and 40, Harrison Road, Calcut







































































































































































































































































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