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HARISH TANDON, PRASENJIT BISWAS
Abhijit Tie Up (P) Ltd. – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. status of writ petitioner regarding land mutation. (Para 1 , 2) |
| 2. arguments presented by both parties about tenant definitions. (Para 3 , 4) |
| 3. court's examination of tenant rights under relevant laws. (Para 11 , 12) |
| 4. final ruling in favor of the writ petitioner. (Para 19 , 20) |
JUDGMENT :
HARISH TANDON, J.
1. The instant writ petition raises an important and seminal point relating to the status of the writ petitioner in relation to a factory land where the mutation in the Record of Right was denied taking shelter under the various provisions of the West Bengal Estates Acquisition Act, 1953 and the West Bengal Land Reforms Act, 1955.
2. The facts are more or less undisputed. One Bissesswar Dutta was the owner of a plot of land measuring 22 Bighas of garden land with a structure and duly mutated his name in the Record of Right. Upon the death of the said owner his widow and the son transferred and conveyed the said land in favour of one Indian Malleable Castings Pvt. Ltd. Subsequently, the Record of Right was corrected and the land comprised under the said deed of sale was referred as Karkhana instead of Bagan. Thereafter, a winding-up petition was filed against the sa
The non-agricultural tenant is exempted from the vesting provisions of the West Bengal Estates Acquisition Act, 1953, confirmed by the retrospective effect of Section 3A of the West Bengal Land Refor....
The applicability of the West Bengal Premises Tenancy Act prevails over the Non-Agricultural Tenancy Act in eviction matters.
Order passed without impleading necessary party and without giving opportunity to him cannot be sustained.
There can be no estoppel against law.
The ownership certificate under Section 38-E of the Hyderabad Tenancy Act, 1950 is a formal declaration of ownership conferred on the protected tenant by virtue of the statutory provisions, and the i....
Cultivating tenancies under Tamil Nadu law are not transferable, and a tenant must contribute physical labor to qualify as a statutory tenant.
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