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.