BOARD OF TRUSTEES OF THE PORT OF KOLKATA versus KALIPADA BHAKAT & ORS

 

                                               IN THE SUPREME COURT OF INDIA

                                                 CIVIL APPELLATE JURISDICTION

                                                 CIVIL APPEAL NO. 9387 OF 2014

                                                      (Arising out of S.L.P. (c) No.19835 of 2010)

BOARD OF TRUSTEES

OF THE PORT OF KOLKATA …                                        APPELLANT

VERSUS

KALIPADA BHAKAT & ORS …                                         RESPONDENTS

 

 A plot of land measuring 133.41 sq. meters at 33 Coal Depot, Chetla Railway Siding also known as Chetla Station Yard was allotted by the Port Trust to Raj Virmani (present respondent No.2), on a month to month lease basis and the lease deed was executed on 1.2.1972. The tenancy of the said tenant was terminated by the appellant vide notice dated 1.7.1983. Thereafter, appellant, Board of Trustee of the Port of Calcutta initiated eviction proceeding against respondent No.2, Raj Virmani. In the year, 1992 the present respondent No.1, Kalipada Bhakat, in said eviction proceedings, appeared as power of attorney holder on behalf of Raj Virmani. In the year 1994 respondent No.1 applied to the Board of Trustee of the Port of Calcutta to induct him as a tenant (which was not accepted). The Estate Officer, respondent No.3 by its order dated 4.8.2008 directed eviction of the unauthorised occupant from the premises with further…………read more