NILKAMAL BEZ BORUAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the appellants, Nilkamal Bez Boruah and his wife Smt. Sushila Bez Boruah, alleged to have been divorced, have preferred this appeal against the judgment of B. C. Ray, J., whereby the learned Judge discharged the Rule Nisi issued on the application of the appellants under Article 226 of the Constitution, challenging an order of requisition under Section 3 (1) of the West Bengal Land (Requisition and Acquisition) Act II of 1948, hereinafter referred to as the Act.

(2.) The appellants claimed to have purchased the premises No. 2, Park Lane Calcutta on or about August 9, 1952, with their joint funds. The appellant No. 2, the first wife of the appellant No. 1 is alleged to have been divorced in 1954 by a decree of divorce of the High Court at Madras. It is alleged that on January 7, 1980 by a consent decree passed in Title Suit No. 1940 of 1979, the said premises No. 2, Park Lane, Calcutta was partitioned by metes and bounds between the appellants. Thereafter, by an order dated September 13, 1980 of the Corporation of Calcutta the name of the appellant No. 2 in respect of her half share in the said premises was mutated. The case of the appellants is that there are three rooms in the said premises measuring 30' x 30' and there is an office accommodation of the appellant No. 1. A whole time durwan of the appellant No. 1 has been residing in one of the said rooms.

(3.) On May 19, 1978, a negotiation started between the appellant No. 1 and the Calcutta Electric Supply Corporation Limited for the sale of the said premises No. 2, Park Lane, Calcutta. After the price was settled, a draft agreement for sale was prepared and sent by the appellant No. 1 to the Calcutta Electric Supply Corporation, but the sale was not effected. It is alleged that on account of the adamant attitude of the Calcutta Electric Supply Corporation, the sale did not materialise.