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november 2005

Supreme Court of India · 2005-11-16

Narayan Chandra Ghosh & Others vs Kanailal Ghosh & Others

Citation / case number
AIR 2006 SUPREME COURT 562
Court
Supreme Court of India
Petitioner
Narayan Chandra Ghosh & Others
Respondent
Kanailal Ghosh & Others
Author
B.N.Agrawal
Bench
B.N.Agrawal, A.K.Mathur

Judgment text excerpt

The Supreme Court held that the earlier suits filed by the plaintiffs did abate under Section 19 of The Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981, thus allowing the subsequent suits for eviction to proceed. The Court affirmed the High Court's decision to restore the eviction decree for one room while upholding the lower appellate court's decree for three rooms based on bona fide necessity. The judgment clarified the applicability of the 1981 Act in relation to eviction proceedings involving thika tenants and Bharatias.

Narayan Chandra Ghosh & Others vs Kanailal Ghosh & Others · Niyam