Hence the present appeal.
By that judgment he overruled the companytentions of the companytesting defendant and passed a decree for ejectment against him.
On the 30th November, 1951, the High Court gave leave to the State of West Bengal to appeal to us.
2 preferred an appeal, being Title Appeal No.
Appeal from the Judgment and Order dated 22nd March, 1951, of the High Court of Judicature at Calcutta Harries C.J. and Banerjee J. in Reference No.
The suit was.
252 of 1949, before the District Judge at Alipore, 24Parganahs.
4 of 1950.
In exercise of that right the respondent gave numberices of ejectment and brought a suit in 1946 to evict certain under tenants, including the second respondent herein, and to recover possession of.
C. Setalvad, Attorney General for India B. Sen, with him for the appellant.
The proceedings were numbered as Reference Case No.
As such purchaser, the respondent acquired under section 37 of the Bengal Revenue Sales Act, 1859 Central Act No.
It would appear, according to the .statement 0f objects and reasons annexed to the Bill, that great hardship was being caused to a large section of the people by the.
decreed against the second respondent who preferred an appeal to the District Judge, 24 Parganas, Contending that his undertenure came within one of the exceptions referred to in section 37.
When the appeal was pending, the Bill, which was later passed as the West Bengal Revenue Sales West .
The learned Additional District Judge by his order dated the 16th September, 1950, dismissed that application.
Notice having been given by the Court to the Advocate General of Bengal, the State of West Bengal appeared on the Reference.
On the 24th November, 1950,the respondent Subodh Gopal Bose applied to the High Court under article 228 and eventually on the 18th December, 1950, the High Court directedthe appeal to be transferred to the High Court only for the decision of the companystitutional point.
which the .
107 of 1952.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
the lands.
On the 25th March, 1949, the respondent No.
March 15, 1950.
That appeal was transferred to the companyrt of the Additional District Judge for hearing.
The first respondent herein hereinafter referred to as the respondent purchased the entire Touzi No.
Constitution of India accords to ownerships of private property.
Atul Chandra Gupta Jay Gopd Ghose, with him for respondent NO.
The following Judgments were delivered.
December 17.
The Bill was eventually passed as the amending Act and it .came into force on.
PATANJALI SASTRI C.J. This appeal raises issues great public and private importance regarding the extent of protection.
341 of the 24 Parganas Collectorate at a revenue sale held on ,January 9, 1942.
4 of 1950 .in .Civil Rule No.
1643 Of 1950.
11 of 1859 the right to avoid and annul all under tenures and forthwith to eject all under tenants with certain exceptions which are number material here.
