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february 1967

Supreme Court of India · 1967-02-01

SHIBSANKAR NANDY vs PRABARTAK SANGHA AND ORS.

Citation / case number
SC 1965/209
Court
Supreme Court of India
Petitioner
SHIBSANKAR NANDY
Respondent
PRABARTAK SANGHA AND ORS.
Author
RAO, K. SUBBA (),SHAHC.,SHELATM.,BHARGAVA, VISHISHTHA,MITTER, G.K.
Bench
RAO, K. SUBBA (CJ),SHAH, J.C.,SHELAT, J.M.,BHARGAVA, VISHISHTHA,MITTER, G.K.

Judgment text excerpt

The Supreme Court held that Section 24 of the West Bengal Non-Agricultural Tenancy Act, 1949, was applicable as the Society was the immediate landlord and required the land for educational expansion, satisfying the conditions of the Act. The Court distinguished the principle from Bhau Ram v. Baijnath Singh, asserting that the restriction under Section 24 is not unreasonable. Furthermore, the Court ruled that the Society, being a non-agricultural tenant, does not qualify as an 'intermediary' under Section 2(1)(i) of the West Bengal Estates Acquisition Act, thus retaining its rights over the land.

SHIBSANKAR NANDY vs PRABARTAK SANGHA AND ORS. · Niyam