knowledge of the petitioner about the impugned order and
thereafter on 14.07.2021, a copy of the said order came to be obtained
from the office ... only cultivating the land uninterruptedly throughout and pursuant
to the declaration as a tenant, the land is being occupied and as such,
without considering these
reversal by a court of appeal of an order made by a
judge below in the exercise of his discretion is well
established ... a tenant. No
Signature Not Verified
CM (M) 304/2021 Page 9 of 11
Signed By:MANJEET KAUR
Signing Date:27.07.2021
22:24:19
declaration
knowledge of the petitioner about the impugned order and
thereafter on 14.07.2021, a copy of the said order came to be obtained
from the office ... only cultivating the land uninterruptedly throughout and pursuant
to the declaration as a tenant, the land is being occupied and as such,
without considering these
declaration
by a person claiming to be a tenant, in respect of his
right as a tenant or for declaration of ins share in a ... have exclusive jurisdiction to
entertain suits, for declaration of the plaintiff's right as
a tenant of agricultural land and for ejectment of a
injunction and not whether the plaintiff is a cultivating tenant and therefore
such a declaration is not required and the Civil Court can grant injunction ... , a reading of the plaint alone will have to be done and if a reading of
the plaint reveals existence of a cause of action
petitioner.
Mr. P. Mukherjee,
Mr. A. K. Das
...for the petitioner.
This is an application praying for quashing of a proceeding
in which charge sheet ... expiry of the
term the defacto complainant filed a civil suit for declaration as
a tenant in respect of that property. Failing
19th July, 2000, the recall of the
tenants was dismissed, against which, the tenants had preferred a Writ
Petition, being Writ Petition ... admitted case that ultimately as a consequence of
declaration of the vacancy on 25.02.2000, and also as a consequence
of the rejection of the recall
injunction order was granted in connection with
a suit filed by the appellant/tenant seeking a declaration
that the appellant/tenant should not be evicted ... Advocate for the appellant/tenant submits that
the property under the possession of the appellant has been
transferred to a transferee/purchaser, and the transferee
plaintiff had filed a suit for declaration before the competent
civil court stating that he is a tenant in the suit premises and is
entitled ... unamended provisions of the Act.
Therefore, a suit for declaration of the plaintiff as a tenant
was not maintainable before the Wakf Tribunal as there
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