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january 2009

Supreme Court of India · 2009-01-06

Dwarika Nath Acooli vs Dulal Chandra Bayen & Ors

Citation / case number
AIR 2009 SUPREME COURT 1839
Court
Supreme Court of India
Petitioner
Dwarika Nath Acooli
Respondent
Dulal Chandra Bayen & Ors
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the Calcutta High Court's decision regarding the applicability of the Calcutta Thika Tenancy (Acquisition & Regulation) Act, 1981, emphasizing that the Act's provisions, particularly Section 20 and Rule 3(a), must be adhered to by tenants for valid claims. The Court clarified that the tenant's failure to comply with the statutory requirements for filing returns under the Act invalidated their tenancy claims. Consequently, the appeal was dismissed, affirming the High Court's ruling that the appellant was not entitled to possession due to the tenant's statutory protections under the Act.

Dwarika Nath Acooli vs Dulal Chandra Bayen & Ors · Niyam