SUCHITRA RAY Vs. CHIEF SECRETARY

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India arising out of the proceeding under Regulation 161 of the Andaman and Nicobar Islands Regulation, 1966 (the said Regulation for the sake of brevity).

(2.) The husband of the writ petitioner, namely, S.K.Roy alias Sushil Kumar Roy, was a tenant under one Jagannath alias Jagannath Arrora in respect of one single storied house situated at Haddo under new survey No.22 corresponding to old house site No.11, which was let out for the purpose of residence as well as for using it as a godown . Jagannath Arrora, since deceased, instituted a suit against his said tenant for eviction, inter alia, on the ground of default. THE suit was registered as Other Suit No.5 of 1984 in the Court of learned Senior Subordinate Judge at Port Blair.

(3.) It is on record that the deceased husband of the writ petitioner lodged a complaint with the Deputy Commissioner, the Police and the Municipal Authorities in 1989 that the brother of the private respondent was creating nuisance and was constructing a hut with Chatai just in front of the tenanted premises. The private respondent, namely, Shrimati Sasi Sankala, filed an application under Regulations 98 and 161 of the said Regulation in the office of the Tahsildar at Port Blair. The application was filed through her constituent attorney Ashok Kumar alias Ashok Kumar Arrora. The said Ashok Kumar Arrora was, also, substituted as one of the plaintiffs in the Other Suit No.5 of 1984.