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august 1985

Supreme Court of India · 1985-08-06

SABOJ KUMAR BOSE vs KANAILAL MONDAL & ORS.

Citation / case number
SC 1971/60321
Court
Supreme Court of India
Petitioner
SABOJ KUMAR BOSE
Respondent
KANAILAL MONDAL & ORS.
Author
R.B. MISRA
Bench
R.B. MISRA

Judgment text excerpt

The Supreme Court held that under Section 6 of the West Bengal Estates Acquisition Act, 1953, tank fisheries do not vest in the State but are retained by intermediaries. The Court clarified that khas possession is not a necessary condition for an intermediary to retain property rights. It was determined that the plaintiffs, recognized as tenants by the government, retained their rights in the tank fishery and were entitled to recover rent for the years 1361 and 1362 B.S. The appeal was dismissed, affirming the lower courts' decisions.

SABOJ KUMAR BOSE vs KANAILAL MONDAL & ORS. · Niyam