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november 2005

Supreme Court of India · 2005-11-16

NARAYAN CHANDRA GHOSH vs KANAILAL GHOSH .

Citation / case number
SC 2001/5233
Court
Supreme Court of India
Petitioner
NARAYAN CHANDRA GHOSH
Respondent
KANAILAL GHOSH .
Author
A.K.MATHUR B.N.AGRAWAL
Bench
A.K.MATHUR B.N.AGRAWAL

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, thereby validating the subsequent suits for eviction. 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 maintainability of eviction suits under the 1981 Act, establishing that the abatement of earlier suits does not preclude subsequent actions for eviction.

NARAYAN CHANDRA GHOSH vs KANAILAL GHOSH . · Niyam