- (1.) THIS appeal is directed against the judgment and order dated 3. 9. 2007 passed by a learned Single Judge of this Court in W. P. No. 8664 (W) of 2006 with CAN 68 I6 of 2006 whereby and whereunder he was pleased to dismiss the writ petition by holding that the respondent No. 7 (daughter-in-law of the writ petitioner) was lawfully entitled to request the municipal Corporation to mutate the records by incorporating her name as a permit holder of the stall in question (hereinafter referred to as the shop ).
(2.) THE writ petition was filed by the appellant (Rajendra Kumar Majumdar)being the father-in-law of the respondent No. 7 (Smt. Krishna Majumdar)praying, inter alia, for an order commanding upon the Kolkata Municipal corporation, and its officers including its Mayor, to register/restore his name in the records maintained by the said Corporation as the original tenant in respect of shop No. E-5 situated in the Gariahat Market Complex AND not to register/mutate the name of his daughter-in-law (respondent No. 7) as a tenant with regard thereto.
(3.) THE facts, as stated in the writ petition, are that the appellant /writ petitioner was the original tenant since 1955 in respect of the aforementioned shop and was running a business therein in the name and style of "sri Sri saradeshwari Dashakarma Bhandar" in the capacity of its lawful occupier and on the basis of a licence issued to him by the Corporation and for which, he was a regular tenderer of rent. He had three sons and two daughters out of which, his second son (Sajal Majumdar) had expired on 7. 12. 2005. This deceased son namely Sajal, and who was the husband of the respondent no. 7 (Krishna Majumdar), used to help him in managing the day-to-day affairs of the shop in question because his other children were totally independent, being well established. It was only Sajal who was unemployed and had an uncertain future.;