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1989 Supreme(Online)(Cal) 9

CALCUTTA HIGH COURT
Chatterjee, J
New Howrah Transport Company Another v. State of W. B. and Others


Advocates:
For the Appellants/Petitioners: Mr. A
For the Respondents: Mr. B

Table of Content
1. constitutional challenge relating to tenant rights. (Para 1 , 2)
2. examines legality of the certificate issuance provisions in the act. (Para 4 , 5 , 6 , 7 , 8)
3. striking down the conclusive nature of evidentiary provisions. (Para 9)
4. final conclusion regarding the petition's outcome. (Para 10)

1. For effective adjudication as agreed by the learned lawyers appearing for the respective parties both the matters were taken up for consideration. Similar points cover both the cases. Both the writ applications raise a constitutional question as to the vires of S.29B(2)(c) of West Bengal Premises Tenancy Act .

2. It is asserted that the appropriate authority issuing the certificate as contemplated under S.29B of sub-sec.(2)(c) of West Bengal Premises Tenancy Act has had no basis to arrive at the finding of facts as to the requirement of the landlord concerned and there is non - application of mind both at the time of issuing the certificate and at the time of passing the order by the Rent Controller. S.29B, sub-sec.(2)(c) of the provide for enquiry or inspection. There is also no provision for verification of the case of the landlord. The said section provides mer













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