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april 2019

Supreme Court of India · 2019-04-04

ATUL CHANDRA DAS(D) TR.LRS. vs RABINDRA NATH BHATTACHARYA(D)TR.LRS.&ORS

Citation / case number
SC 2007/27635
Court
Supreme Court of India
Petitioner
ATUL CHANDRA DAS(D) TR.LRS.
Respondent
RABINDRA NATH BHATTACHARYA(D)TR.LRS.&ORS
Author
HON'BLE MR. JUSTICE K.M. JOSEPH
Bench
HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE ASHOK BHUSHAN

Judgment text excerpt

The Supreme Court upheld the Calcutta High Court's dismissal of appeals concerning the ejectment of tenants from property, affirming the concurrent findings of lower courts. The Court noted that the appellants, representing Atul Chandra Das, failed to establish their claim of ownership based on a 1960 agreement, which was contested as collusive by the defendants. The Court emphasized the importance of the original mortgage agreement and the rights of the defendants under the will of the deceased owner, thus maintaining the status quo of possession.

ATUL CHANDRA DAS(D) TR.LRS. vs RABINDRA NATH BHATTACHARYA(D)TR.LRS.&ORS · Niyam