AMITABHA BHATTACHARYA & ANR. Vs. THE COMMISSIONER OF SANCHAITA INVESTMENTS
LAWS(CAL)-1987-6-41
HIGH COURT OF CALCUTTA
Decided on June 25,1987

Amitabha Bhattacharya And Anr. Appellant
VERSUS
The Commissioner Of Sanchaita Investments Respondents

JUDGEMENT

Manash Nath Roy, J. - (1.) In this application the petitioners have claimed to have taken on rent one room at Flat No. 104 on the 10th floor of Ganga Jamuna situated at 28/1, Shakespeare Sarani, Calcutta-17. Such tenancy according to them, was taken from the owner of the flat in question, namely, Smt. Renuka Upadhyay, in the name of their Chartered Accountants' firm, Messrs Munshi and Bhattacharyya.
(2.) It should be noted that there was another proceeding against the owner of the flat in question, i.e., Smt. Renuka Upadhyay. and although she had filed her objection against the attachment, but, ultimately she did not appear and as such, we have dismissed her proceeding/objection.
(3.) When the proceeding of the owner of the flat in question has been dismissed, we are of the view that the present petitioners, who claimed to be tenants under her, may not claim greater or better right than the erstwhile owner. Such being the position, after hearing the learned Advocates, we find no jurisdiction in allowing this application and as such the same is dismissed. There will be no order as to costs.;


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