MD IDRIS Vs. LAKHPATI
LAWS(CAL)-1970-2-24
HIGH COURT OF CALCUTTA
Decided on February 12,1970

MD IDRIS Appellant
VERSUS
LAKHPATI Respondents

JUDGEMENT

- (1.) THIS is an appeal under Clause 15 of the Letters patent from the judgment of our learned brother R. N. Dutt J.
(2.) A short question arises in this appeal, namely whether "intermediary" under the West Bengal Estates Acquisition Act, 1953, as defined under Section 2 Clause (i), includes a non-agricultural tenant above the last non-agricultural tenant in occupation or possession of the disputed land. The suit, out of which this appeal arises, was a suit for ejectment or eviction of the defendant respondent from the disputed land, the plaintiff appellant, claiming to have terminated the defendant respondent's non-agricultural tenancy by an appropriate notice under section 9 sub-section (1) clause (iii) to entitle him to recover possession of the disputed land from the defendant respondent under the said section.
(3.) THE learned trial Judge decreed the plaintiff's suit but, on appeal, the said decision was reversed by the learned Subordinate Judge upon the view that, although the plaintiff could have otherwise succeeded, his suit was bound to fail as he was an intermediary under the West Bengal Estates Acquisition Act, 1953, whose interest had vested in the State under the said Act. On second appeal to this Court by the plaintiff appellant, our learned brother R. N. Dutt J. accepted the view of the learned Subordinate Judge and dismissed the plaintiff's appeal. Hence this appeal under Clause 15 of the Letters Patent on leave, granted by our learned brother.;


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