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Sri Ranjit Sarkar vs Smt. Malati Ghosh on 23 June, 2009

10. Lastly, learned counsel cites another judgment of a learned Single Judge of this Court in the matter of Sri Ranjit Sarkar v. Malati Ghosh, reported at (2009) 2 Cal LJ 596, where the learned Single Judge held, inter alia, that if the default committed by the defendant occurred during the subsistence of the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 (for short, "the 1981 Act"), which was the predecessor statute of West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 (in brief, "the 2001 Act"), the right of the plaintiff to evict the defendant accrued during the subsistence of the 1981 Act and, as such, the relationship between the parties would be governed by the 1981 Act and not by the 2001 Act. Section 27 of the 2001 Act was interpreted in such manner in the said judgment. It is contended that in the present case, the right to obtain eviction accrued prior to the coming into force of the 2001 Act and, as such, the bar under Section 5 and/or Section 8 of the 2001 Act does not apply to the present case.
Calcutta High Court (Appellete Side) Cites 12 - Cited by 3 - J Bhattacharya - Full Document

Smt. Bina Devi Binani vs Ramesh Kumar Gupta (Since Deceased) By ... on 14 May, 2015

12. Smt. Bina Devi Binani - versus - Ramesh Kumar Gupta (since deceased By Smt. Kiran Gupta, reported at (2016) 5 CHN 376 19 2025:CHC-AS:1638-DB questions raised and every defence taken in the written statement, including the issue of maintainability. Not only that, evidence was actually permitted to be led by both sides and arguments were also heard on all issues. Thereafter the court of first instance also decided all issues.
Calcutta High Court (Appellete Side) Cites 14 - Cited by 15 - Full Document
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