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S.S.GANGULY
BIDYUT KUMAR DUTTA – Appellant
Versus
RAMESH SHARMA – Respondent


Counsel for the Parties :
For the Petitioner:S.B. Mukherjee & T.K. Dey, Advocates.
For the Respondent:M.M. Verma, Ramesh Sharma & O.P. Dubey, Advocates.

JUDGMENT

S.S. Ganguly, J. — The petitioners’ case as per their application under Article 227 of the Constitution are the following: —

The opposite party/his father are tenants in respect of two tenancies with regard to two different portions of the self-sme house under a religious trust of which the trustees are the petitioners no. 1 to 3. Under the terms of two written agreements for the two tenancies the tenants were allowed to use only the municipal taps, served by municipal main line via underground and overhead reservoirs. There is a well within the area of the house the water of which has been used all throughout exclusively for the seva puja of the deities of the trust and for no other purpose. The well has all along been under lock and key, the key lying with the priest, the petitioner No. 4.

2. On 5.5.91 the petitioner No.1 received by registered post copies of an application filed by the opposite party before the learned President, Calcutta District Forum, Bhawani Bhavan, Alipore dated 22.1.91 along with a show cause notice issued on the same date in case No. CDF 1234 of 1991 whereby the petitioner was directed to appear before the said District Forum under the Consumer Pro



















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