MAQBOOL AHMAD KHAN Vs. ESTATE MANAGER, MURSHIDABAD ESTATE

JUDGEMENT

(1.) The instant revisional application is arising out of an order passed by the 11th Bench of City Civil Court at Calcutta in a proceeding initiated under Section 8 of the Murshidabad Estate (Management of Properties) and Miscellaneous Provisions Act, 1980 (hereinafter referred to as the "said Act, 1980").

(2.) The petitioner claims to be a tenant inducted in respect of 2 rooms at the Ground Floor, Premises No.85, Park Street (hereinafter referred to as the "said premises") by one Fatyeab Ali Meerza, claiming to be a descendant of Nawab of Murshidabad. The petitioner was served with a show cause notice under Section 8(1) of the said Act on 28th April, 2007 on the ground that he is an unauthorized occupant. The petitioner replied to the said show cause notice contending that the said Act is ultra vires and the issue relating to vires of the said Act, 1980 is pending before the Hon ble Supreme Court. The said Act was constitutionally invalid and, accordingly, in exercise of any power on the basis of such invalid statute is void and not enforceable. It was also contended that the petitioner is a bona fide tenant in respect of the said portion of the said premises under the Murshidabad Estate since 1977 under a valid contract of tenancy subsisting prior to the appointed day of the said Act, 1980. The petitioner challenged the exercise of power by the said authority under Section 8 of the said Act.

(3.) Upon consideration of such objection, an order was passed on 8th February, 2008. It was held that the High Court proceeding on which reliance was placed by the petitioner resulted in a dismissal. It was held by the Division Bench that the said appeal was found to have abated with the death of Syed Fatyeab Ali Meerza (Mohammad Abbas Ali Meerza Vs. Union of India & Ors., 2006 3 CalHN 407.