Court : Kolkata Appellate
1. This application is at the instance of the plaintiff and is directed against the order dated June 21, 2010 passed by the learned Civil Judge, (Junior Division), Third Court, Howrah in Title Suit No.128 of 2004 thereby directing the plaintiffs to file the original rent receipts. The short fact is that the plaintiff instituted the said suit being Title Suit No.128 of 2004 praying for a decree of eviction on the ground of default, reasonable requirement, sub-letting, addition, alteration and etc. against the defendant/opposite party before the learned Civil Judge, (Junior Division), Third Court, Howrah. 2. The defendant/petitioner is contesting the said suit by filing a written statement. After appearance, the defendant filed an application under Section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997. The application under Section 7(2) of the 1997 Act was disposed of by the learned Trial Judge and then a revision application was preferred by the petitioner. That revision a...
Tag this Judgment!Court : Kolkata Appellate
1. A vital and interesting question has cropped up before us in the instant tribunal application as to the competence of the Land Reforms Tenancy Tribunal constituted under West Bengal Land Reforms and Tenancy Tribunal Act (hereinafter referred to as the Tenancy Tribunal Act) under Article 323(B) of the Constitution of India to deal, entertain and/or set aside the orders, decrees and judgments passed by the Civil Judge having jurisdiction in respect of the subject matter under the Specified Act as defined under section 2(r) of the West Bengal Land Reforms and Tenancy Tribunal Act 1997. 2. Initially when the said Tenancy Tribunal Act was promulgated it was made applicable in respect of five Acts. Those are the West Bengal Estate Acquisition Act 1953, the West Bengal Land Reforms Act 1955, the West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fisherman Act 1975 and the West Bengal Land Holding Revenue Act 1979. By an amendment Act, the said West Bengal La...
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